How can I get these original creditor calls to stop!
Date: Mon, 01/26/2009 - 15:05
They have every right to call you at this point. Give it a bit,
They have every right to call you at this point. Give it a bit, once the debt gets sold to a third party collections, you'll have more control and they'll abide by cease and desist letters. In the meantime, have your caller id be your best friend.
Pretty much, there are no laws on the books that will force an O
Pretty much, there are no laws on the books that will force an OC to stop calling you. Albeit, they shouldn't be threatening arrest or things they legally cannot do. But C&D letters don't apply to an OC.
Pretty much, like Jack said, one day they will go to a third party collector and then you can C&D. Although there is a slight possibility, depending on the OC, that they send it to an attorney for suit instead of sending it to collections.
collector calls
some creditors have in place if they receive a cease and desist they will automatically stop calling but it will speed up the collection process and get attorneys involved.
What does guest23 mean by, "but it will speed up the collection
What does guest23 mean by, "but it will speed up the collection process and get attorneys involved"? Does it mean if they receive a cease & desist letter, they will automatically file suit? I'm trying to buy some time to save money for a bk attorney and am trying to figure out the best actions to take or not take. Thanks!
Some states have laws regarding original creditors and Massachus
Some states have laws regarding original creditors and Massachusetts is one of them. They are very strict on OC's just as they are with debt collectors.
Yes, I was going to suggest that also. Check and see if there a
Yes, I was going to suggest that also. Check and see if there are any laws in your state that govern the original creditors.
What state do you live in?
i agree check the laws, i am sure they still have some kind of g
i agree check the laws, i am sure they still have some kind of guidelines (time of day they can call, etc?)
Granted, states usually do have some set of laws that govern the
Granted, states usually do have some set of laws that govern the OC. For example, here would be the laws in the state of IL: http://www.ilga.gov/commission/jcar/admincode/038/038001100A02200R.html
What I meant above is that I have never seen a "cease and desist" provision (provided in fdcpa for CA's) in a state law that applies to the OC. I could be wrong, I've only looked up a handful of states....
I'm just saying that, in IL for example, if a customer sent me a C&D letter, I wouldn't have to honor it.
Quote:
What does guest23 mean by, "but it will speed up the collection process and get attorneys involved"? Does it mean if they receive a cease & desist letter, they will automatically file suit? |
Not necessarily, but sometimes. I know people would hardly consider an OC's collection calls as a "courtesy", but they are a courtesy to the degree that the creditor is trying to reach some sort of arrangements on the account instead of sending it for a lawsuit. When you send a C&D, you are making a clear signal that you aren't going to make arrangements anytime soon. So to the OC, it becomes no question that you aren't going to pay. Every creditor has different policies and procedures, but some OC's do sue instead of selling off their account. If you C&D a creditor that does tend to sue, well it might speed up their process.
thanks for the insight debt cruncher i always was paranoid to se
thanks for the insight debt cruncher i always was paranoid to send the original creditor a c & d and i think i will stay that way :) (except for payday loans which are not legal where i live anyway)