How to make $$$ while stopping Collection Calls

This article discusses a method designed to stop harassing phone calls from debt collectors.

Things You'll Need

• Access to the Internet
• Postage
• Printer or typewriter

Instructions

1. You need to determine who is calling you and why. If you are called by person (not a computer), and you are willing to answer the phone, then take notes. Write down the name of the agent, collection's agency and the debt they are calling about. You need to the original creditor and account number to identify the specific debt they are calling about. Get a mailing address for the collection agency. Of course if you have a caller id, you can look at the name that comes up, but many CA's hides this. If the calls are Robocalls, then write down the number; go to a site called http://whocalled.us/. This is a community database that collects information about unavailable callers. They will likely have your caller, and you can feel good about helping to track down sneaky "unavailable" callers. If there is nothing there than Google the number. If that does not work, you are stuck with calling the creeps, and getting the information out of them.

2. Next, you need to decide what this call has to do with you. Many times these agencies are calling the wrong person. If this is the case then you write a Full Cease and Desist Letter. This letter instructs the caller to never call again. It would help to point that they are calling wrong people. Send this letter by USPS certified mail with return receipt requested. This will cost about $5. I will explain the cost in a minute.

3. If the collection agency is trying to reach you, then you will want to write a different letter. It is called a limited Cease and Desist letter. This letter will instruct the collection agency to contact you in writing only. It is better to allow them to write you so that you can continue to negotiate and/or dispute the debt. You must send this letter by Certified Mail with Return Receipt Requested. It is important because you need proof that they receive your letter.

4. If they call again after you receive the green return receipt, then use Call Trace. This is service provided by regular and cell phone companies. This does cost money, but now you will sue them. Send a letter of demand asking for costs and $1000. I have pasted part of the Fair Debt Collection Practices Act that states how much you can sue for. Don't forget to add in court costs.
   "(A). Civil liability can be imposed in these forms:
   (1) Actual damages,
   (2) Discretionary penalties, and
   (3) Costs and attorney's fees;
   Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of:

   A. Any actual damage sustained by such person as a result of such failure;

   (1) In the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;..."

Tips & Warnings

• you can send these letters by regular mail, or fax but these records will not hold up in court.

• I want to point out that if you send a full Cease and Desist to a Collection Agency that believes to have a collection with you then you are forcing them to decide whether it is time to sue. After you send a full C&D, then by law they are not allowed to contact you unless they serving you with a docketed civil suit

Resources

• Who called us website
• FDCPA