How to Stop Debt Collector Phone Calls and Letters
By Bryan P. Keenan ยท May 14, 2024
The phone rings during dinner. There is another letter in the mailbox when you get home. You check your voicemail and there are three messages from numbers you do not recognize. If you are behind on bills, collection calls and letters can take over your daily life and make an already difficult situation feel unbearable.
Here is the good news: you do not have to put up with it. There are specific, legal steps you can take to stop the calls and letters. Some are quick and simple. Others provide permanent protection. The right approach depends on your overall financial situation.
Send a Written Cease Communication Letter
Under the Fair Debt Collection Practices Act, you have the right to tell a debt collector to stop contacting you. This is done by sending a written letter, commonly called a cease and desist letter, telling the collector that you want all communication to stop.
Once the collector receives your letter, they can only contact you for two reasons: to confirm they will stop contacting you, or to inform you of a specific action they plan to take, such as filing a lawsuit. No more phone calls at all hours, no more threatening letters, no more voicemails.
Send the letter by certified mail with a return receipt so you have proof it was delivered. Keep a copy for your records. If the collector continues to call after receiving your letter, each additional contact is a violation of federal law.
One important thing to understand: sending a cease letter stops the communication, but it does not stop the debt. The collector can still pursue legal action, including filing a lawsuit. The letter stops the phone calls, not the underlying obligation.
Dispute the Debt in Writing
If you are not sure you owe the debt, or if the amount seems wrong, send a written dispute within 30 days of the collector's first contact. Under federal law, the collector must stop all collection activity until they verify the debt in writing.
This is especially useful when dealing with old debts that have been sold multiple times. Records get lost or mangled in the transfer. The collector may be trying to collect an amount that includes unauthorized fees, interest, or charges. They may even have the wrong person. Requiring verification forces them to prove the debt is legitimate before they can continue.
Block Phone Numbers
This is the simplest step and it helps immediately. Most cell phones allow you to block individual numbers. You can also register your number with the National Do Not Call Registry, though debt collectors are technically exempt from the registry when they have a prior business relationship with you.
Blocking numbers works as a short-term fix, but collectors often call from multiple numbers or use different agencies. It is a game of whack-a-mole unless combined with the legal steps described here.
Hire an Attorney
Once you have an attorney, debt collectors are required to communicate with your attorney instead of contacting you directly. Under the FDCPA, if a collector knows you are represented by an attorney, contacting you directly is a violation of the law.
For many of our clients in Pittsburgh, this alone transforms their daily experience. The calls stop. The letters stop. Everything goes through our office, and we handle it. You get to go back to answering your phone without anxiety.
File for Bankruptcy and Get the Automatic Stay
If you are dealing with multiple collectors, if the debts are beyond what you can repay, or if you are facing lawsuits and wage garnishment, the most powerful tool available is the automatic stay that goes into effect the moment you file for bankruptcy.
The automatic stay is a federal court order that prohibits all creditors and collectors from taking any action to collect a debt from you. Phone calls stop. Letters stop. Lawsuits are frozen. Wage garnishments end. Bank levies cease. Foreclosure proceedings halt. Every collection action, from every creditor, stops at once.
This protection applies from the moment your bankruptcy petition is filed with the court. In urgent situations, we can file a case quickly to get the stay in place before a garnishment takes effect or a lawsuit reaches judgment.
Whether you file Chapter 7 or Chapter 13, the automatic stay provides immediate relief. Chapter 7 cases typically last three to four months and result in a discharge of most debts. Chapter 13 cases involve a repayment plan but provide extended protection for the duration of the plan.
Document Everything
Whatever approach you choose, keep records. Save voicemails. Screenshot text messages. Keep every letter in a file. Note the date, time, and content of phone calls. Write down the name of the person who called and the company they represent.
This documentation serves two purposes. First, if a collector violates your rights, your records become evidence in a potential lawsuit against them. Second, when you meet with a bankruptcy attorney, having a clear picture of who is contacting you and what they are demanding helps us assess your situation quickly and accurately.
You do not have to live with the constant stress of debt collection calls. Whether the right solution is a cease letter, a debt dispute, filing for bankruptcy, or some combination, there is a way to make the calls stop and start dealing with the underlying debt on your terms.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.