How to Stop Credit Card Harassing Calls

Receiving phone calls from collection agencies can be tremendously frustrating. The phone may ring at all hours of the day and night. Collectors may call your place of employment, putting your job at risk. Some may even call relatives or neighbors. These tactics are illegal, and you can make them stop. The law is on your side.

Things You'll Need

• Paper or notebook
• Pen
• Tape recorder (optional)

Instructions

1. Record the date and time of each phone call that you receive. If you have caller ID, record the phone number as well. If you have a tape recorder, record the call. Always have your paper and pen available for this purpose. Allow the collector to identify himself. If he does not identify the name of the company he's calling from, ask. Make sure that you know who is on the other end of the line before you go any further. Collectors may hang up on you--it is important to obtain this information first.

2. Ask the debt collector why he is calling. He may be calling for a debt that you legitimately owe, or a debt that is not yours. The purpose of his call is irrelevant, however, if the phone calls are inconvenient for you or a nuisance. Nuisance calls can be stopped. Make sure to make note of the account number and the balance of the debt being collected.

3. Do not give the collector any information. This includes your name, birth date, social security number, address, phone number, account number, bank account information, or anything else that they would ask for. This collector claims you owe his company money; therefore he should already have this information. Providing such information could lead to identity theft, or could be used as evidence in court.

4. Ask the debt collector for the company address where mail is received. If he asks why, inform him that it is for correspondence. Be firm and repeat yourself if he hesitates. If he fails to give you the address, and you have the company name, an address can easily be located online.

5. If the collector asks you to make a payment or set up a payment plan, decline his offer. Do not make a payment over the phone, or mail a personal check. The collection agency has to provide evidence, in writing, that the debt is yours--a phone call does not suffice.

6. End the phone call. You may thank the collector for calling and ruining your day, or you may simply hang up on him.

7. Compose a letter to the collection agency. The letter simply needs to state the following: "It is inconvenient for me to receive your phone calls. All telephone calls must cease from this day forward with all future communication taking place, in writing, via mail. It is my right, under the Fair Debt Collection Practice Act, to make this demand."

   Make a copy of this letter, keeping one for your files. Mail this letter by certified mail, return receipt requested--proof that the letter arrived. Keep the return receipt in your files.

8. Phone calls should stop as enforced by the Fair Debt Collection Practice Act. If you receive a phone call after the collection agency receives the letter, contact a lawyer. You have grounds for a lawsuit.

Tips & Warnings

• Collectors may not threaten you in any way, nor can they impersonate law enforcement agents.

• Collectors may become angry or agitated, and try to intimidate you into making a payment. Stand your ground. Do not fall prey to their accusations or give in to their demands.

• Consult with an attorney regarding your particular situation, or with any questions. This article is not legal advice.

• Recording phone conversations is illegal in some states unless both parties are aware that the call is being recorded. Check your local state laws.

References

• Angela Martin, Attorney at Law, PLLC
• Fair Debt Collection Practice Act