Bill Collectors

[cracker]

What is the name of your state (only U.S. law)? FL

Is it going to hurt my parents legally if I refuse to let the bill collectors talk to them, are rude to the bill collectors, or hang up on them?

 

[Antigone*]

It sure can. You see if your parents don't attempt to solve the financial issues before them with decorum, the a judge or arbitrator will help the collectors solve it for them.

Which is better: A negotiated payment plan that is kept. or A judgement in full that is enforced.

take care, ana

 

[cracker]

Well, clearly a negotiated payment plan is better, but there is no money to make a payment at all. How long before it will go to a judge?

 

[brcr44]

Your Parents debt?

What is the name of your state (only U.S. law)? FL

Is it going to hurt my parents legally if I refuse to let the bill collectors talk to them, are rude to the bill collectors, or hang up on them?

Just making sure i got this. As long as you tell the truth, no. Also, if they are calling constantly have your parents write a letter to make them stop. (FTC (federal trade Commission)). Let them know in the letter that they are aware that they owe the debt, they can give a reason for not wanting to talk to them. They don't have too though. They can also tell them not to call them at work too. Then have them state how they will communicate by letter only. Make sure they send it certified mail.

This is what i have done and if you go on the Federal Trade Commission - Home site it provides a sample letter too.

This will not stop the collection just the harrassment on the phone calling (i know how frustrating it can be to talk to the same creditor everyday and say the exact thing everyday and them not hear what your telling them). Have your parents see if bankruptcy 7 (wipes all debt) or 13 (where they repay without interest) would be a good thing. Nowdays, they usually have to go to credit counseling first before you can obtain a bankruptcy, it wasn't like that when i had to do it, but they changed a lot of things.

Wishing your parents luck. I know these are tough times for all of us.

 

[TigerD]

Just making sure i got this. As long as you tell the truth, no. Also, if they are calling constantly have your parents write a letter to make them stop. (FTC (federal trade Commission)). Let them know in the letter that they are aware that they owe the debt, they can give a reason for not wanting to talk to them. They don't have too though. They can also tell them not to call them at work too. Then have them state how they will communicate by letter only. Make sure they send it certified mail.

Doesn't work. There is no right to a limited cease and desist, which is what you are counseling. The CA will either take it as a cease and desist and move to their next step, which could be filing suit; or, they will ignore it,

This is what i have done and if you go on the Federal Trade Commission - Home site it provides a sample letter too.

Why don't you actually link to that letter. I'd like to see it.

**added to address further inaccuracies from the previous poster:

Have your parents see if bankruptcy 7 (wipes all debt) or 13 (where they repay without interest) would be a good thing. Nowdays, they usually have to go to credit counseling first before you can obtain a bankruptcy

Credit counseling is required.

This will not stop the collection just the harrassment on the phone calling (i know how frustrating it can be to talk to the same creditor everyday and say the exact thing everyday and them not hear what your telling them)

Calling a debtor is not harassment. Harassment is defined in the text of the FDCPA. If you are telling them anything other than your checking account numbers, you are wrong.

DC

PS: For the OP- Tell your parents they need to handle their own business and go back to being a kid - you shouldn't have to deal with this for them.

 

[cracker]

I'm not handling it for them per se, my parents just refuse to answer the phone and I cannot stand to let the phone ring so when they call every 30 minutes I'm just horribly rude or just hang up. It's just a few past due credit cards. Other things have to come first, unfortunately.

 

[brcr44]

Here's your info..

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

Continuing to contact consumer after receiving "cease communication" notice: The FDCPA requires debt collectors to cease all communications with a consumer about an alleged debt if the consumer communicates in writing that he wants all such communications to stop or that he refuses to pay the alleged debt.(8) This "cease communication" notice does not prevent collectors or creditors from filing suit against the consumer, but it does stop collectors from calling the consumer or sending dunning notices. More than 1,290 consumers complained that collectors ignored their "cease communication" notices and continued their aggressive collection attempts.

I thought it was on the FTC site but it wasn't. Here is the link. The above statements came from the FTC site.

Stop debt collectors from calling and harassing you!

 

[brcr44]

Sorry that is your opinion

Doesn't work. There is no right to a limited cease and desist, which is what you are counseling. The CA will either take it as a cease and desist and move to their next step, which could be filing suit; or, they will ignore it,


Why don't you actually link to that letter. I'd like to see it.

**added to address further inaccuracies from the previous poster:

Credit counseling is required.


Calling a debtor is not harassment. Harassment is defined in the text of the FDCPA. If you are telling them anything other than your checking account numbers, you are wrong.

DC

PS: For the OP- Tell your parents they need to handle their own business and go back to being a kid - you shouldn't have to deal with this for them.

I consider anyone calling my phone using an automated system 20 times a day, harrassment. Especially since i just talk to them yesterday. So you can call it by another name but anyone who's gotten those calls "calls it" harrassment. Nothing has changed since yesterday!!!

 

[TigerD]

I consider anyone calling my phone using an automated system 20 times a day, harrassment. Especially since i just talk to them yesterday. So you can call it by another name but anyone who's gotten those calls "calls it" harrassment. Nothing has changed since yesterday!!!

It doesn't matter what you call it. This is a legal website, it only matters what the law calls it and that is not harassment.

DC

 

[TigerD]

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

Yes, that is a cease and desist letter. There is nothing about no phones in the law. If you cease communication, you dramatically increase the chances of being sued.

Continuing to contact consumer after receiving "cease communication" notice: The FDCPA requires debt collectors to cease all communications with a consumer about an alleged debt if the consumer communicates in writing that he wants all such communications to stop or that he refuses to pay the alleged debt.(8) This "cease communication" notice does not prevent collectors or creditors from filing suit against the consumer, but it does stop collectors from calling the consumer or sending dunning notices. More than 1,290 consumers complained that collectors ignored their "cease communication" notices and continued their aggressive collection attempts.

The problem there, and I am familiar with the numbers, is people like you posing as informed, educated counselors. There is no such thing as a limited cease and desist. It is an all or nothing tool. It is akin to deploying the 5th fleet. The only thing that beats it is being sued, and that is very likely to happen. But when you send an instrument that doesn't exist in reality, like a limited cease and desist, and the CA ignores it, the people that are being collected against file yet another spurious complaint with the FTC. Now it should be noted that the collection industry as a whole has more than 1 trillion consumer contacts a year with fewer then 100,000 complaints. Mathematically, you are more likely to win the Powerball while being struck by lightening than to have a valid complaint about a collector and collection agency.

I thought it was on the FTC site but it wasn't. Here is the link. The above statements came from the FTC site.

Stop debt collectors from calling and harassing you!

First this letter is a full cease and deist - not the tripe you said it was in an earlier post. As a cease and desist, it is adequate. But, you need to make sure the peoplpe reading your posts know that when they send this may be sued and post judgment is an entirely different world.

 

[mmmagique]

I consider anyone calling my phone using an automated system 20 times a day, harrassment. Especially since i just talk to them yesterday. So you can call it by another name but anyone who's gotten those calls "calls it" harrassment. Nothing has changed since yesterday!!!

You need to answer the phone. They are only allowed to call a limited amount of times if they talk to the person they are looking for. I'm sure DC knows the numbers.

 

[cosine]

It doesn't matter what you call it. This is a legal website, it only matters what the law calls it and that is not harassment.

DC

You do have a lot of correct information to provide. People might actually listen to you more if you didn't come off with the attitude you do. Go ahead and keep your attitude on the phone at work if you want, but if you drop it here, you'll be actually helping people more.

The best choice is to pay your bills on time and your debts in full -- now what are your really asking?

This signature entry is an example of the attitude. It is the best choice for people that actually have the money to pay. It is not the best choice for everyone. For some people, setting up a payment plan is the best choice (if the collector is willing to accept what the debtor is able to pay). For others, bankruptcy might even be the best choice. That might even be true for the instant case (but they need to consult with a BK attorney to review their particular situation).

 

[brcr44]

your so right

You do have a lot of correct information to provide. People might actually listen to you more if you didn't come off with the attitude you do. Go ahead and keep your attitude on the phone at work if you want, but if you drop it here, you'll be actually helping people more.

This signature entry is an example of the attitude. It is the best choice for people that actually have the money to pay. It is not the best choice for everyone. For some people, setting up a payment plan is the best choice (if the collector is willing to accept what the debtor is able to pay). For others, bankruptcy might even be the best choice. That might even be true for the instant case (but they need to consult with a BK attorney to review their particular situation).

I think there is a difference between how the consumer views collection calls and the debt collector views it. When you have to speak to someone daily to say the same thing, then you have to wonder why you pick up the phone. Stress is not a thing people need when they are facing hard times. Debt collectors don't want to help you they want their money as fast as they can get it (that's how they make money). i have had debt collectors, report me to credit reporting agencies when i didn't owe anything, i have had them harrass my father and mother, threaten me, call me at work posing as someone important so that i would be called. Stating my business to friends because they had their number on a reference form. So there is no love lost and they have a bad reputation with me and alot of people. If i could pay my bills i would i don't need someone calling day after day hour after hour to ask me when. Not a job i would be proud of.