Clarification on C&D Letters

They can not legally contact you at work. You may have to send a C & D and tell them that your work # XXX-XXXX is off limits and they should only contact you via usps mail

correction - they CAN legally contact you at work, at least until you tell them not to contact you at work. then they must stop.

Well, technically there is no statute that says they have to only communicate in writing. However, some of us refuse to deal with these people on the phone (I consider them to be as annoying as salesmen). The purpose is mainly to show that you are making a good faith effort to communicate with them, but that you feel intimidated by them. In case they *do* sue, it makes the negotiation process much smoother.

They are more likely to sue with a *complete* C&D letter because their only options are to give up the account or sue.

As long as you keep the lines of communication open they should never call you at work anyway. They only can call you there (and relatives, etc.) if you do not communicate with them at all - for the purposes of verifying your contact info.

The one creditor that calls me at work we have been communicating with all the time. we call them and let them know where we are when we can send the money. but it seems that when we make the contact with them the next day they call my work not to verify that we will be sending the money but if I can pay them now over the phone. I don't want to stop the communication lines. Just getting to the point where I don't want to talk with them at all over the phone. I have seen the sample letters for a C&D is there one to just stop the calls and only communicate by mail. but let them know its on for phone calls that you still want to communicate and work out either a payment schedule or a settlement?

Is the person calling the original creditor or a third party collector? It can be difficult if they are the original creditor. They are not so limited. If you inform them that you are not allowed to accept calls at work, and it puts your employment in jeopardy, then they have to stop calling you there. It is best to do it in writing CMRRR so that you have a paper trail. If it was me, I would tell the people at work that I do not answer any calls unless it is an emergency at home, and they give me my messages. If they have a direct line to you, I woul tell them that I cannot talk at work, and that I will call them after work, and hang up. Make sure that you call them back, so they cannot claim that you are blowing them off. Sounds like they are trying to intimidate you, and you cannot let them do that. Then they have won.

It is the original creditor, I have been telling them that it's putting my Job in jeopardy and I call them as soon as I get off they say they will update my file. I guess I will have to put it in writing so it gets to all the Reps. because the next time they call they say there is nothing in the file but they will update it. then proceed to ask for my banking info. I am getting strong with the calls and not giving in. but I also try not to let them get the best of me I keep my cool.

I don't believe a C&D letter applies to the original creditor. If it is in-house collections, then they are not bound by FDCPA regulations. Any agreement to not call you at work would be completely voluntary on their part, unless there is a state regulation that would override them.

Keeping your cool is the best thing, and don't take in personal. I have learned that these things are not worth losing sleep over, or letting them run your life for you.

Some states have their own version of the FDCPA that includes the primary creditor, so what state are you in?

does that include the state of arizona? thanks in advance chrys

It doesn't look like it.
"http://www.asu.edu/studentaffairs/mu/legal/consumer.htm"
"http://www.azleg.state.az.us/ars/32/01001.htm"

I live in Arizona, so if I understand you can do a partial C&D letter to only have a creditor contact you via usps. is this correct?

looks like i'm in the same boat as you, since we are both in az.

"Some states have their own version of the FDCPA that includes the primary creditor"

Hey Chrys, where do you find that information? I'm in Washington state and am having a hard getting an original creditor to stop calling me at work. I am paying them every couple weeks when I can but that doesn't seem to be enough for them. What can you do regarding the original creditor??

Thanks, Chrys for the infor it does clear that issue up.

Well, technically, there is no such thing as a partial C&D. It's purpose is solely to prove that you were making an honest attempt at communication and despite that they were harassing you. If they sue you, it would give you leverage for a settlement agreement (to avoid a judgement). Although I do believe you have an FDCPA case against them. They are only allowed to call you at work, a relative, etc. IF YOU DO NOT COMMUNICATE with them and they need to verify your contact info. If you are communicating with them - even by mail - it proves harassment but admittedly would require some skills in oratory to offer it as a proper defense (or offense if you decide to sue for your $1,000) as it is not completely open and shut.

But that's the bad thing about the FDCPA, it has dull teeth.

I just Googled "Washington debtor protection law". The only state I know of that protects against the original creditor is California (the Rosenthal), but I am sure that other some other states do too. In Washington, the law specifically states that a collector does not include one collecting under its own name (specifically, [RCW 19.16.100(3)])