How to stop harassment by collection agency

I do not have knowledge of the person for whom the creditor is looking for. I have an unlisted number. Why do they keep contacting me??How do I get them to stop??? I have no idea what this is about. I have nothing to do with creditors, they have no need for me.

Send them a Cease & Desist letter.

Is that something you can do in every state? I live in Georgia. I get calls from Greystond Alliance daily, but I haven't answered them. I guess the best thing to do is answer them and find out what they want, but don't give them any info? Then, send them this cease and desist letter?

Also, on another note...our local hospital is notorious for overcharging (3 times amount elsewhere) because it is a small town hospital trying to stay open. Anyway, if you get behind they immediately turn your account over to a collection agency or they immediately put a lien on your property. They did that to me for a $2000 bill I owed...was paying on...it was originally $3000....I missed payments for 3 months. I never got turned over to a collection agency. They immediately placed a lien against my vehicle. Is that legal?

If you know it's not your debt or they are calling for someone else, most certainly send the Cease & Desist. Otherwise, find out what they want, let them verify your mailing address (do NOT tell them anything without finding out just what info they have) and wait for the dunning letter - and then send them a Debt Validation request for them to prove it is your debt and that they are legally entitled to collect it.

Location, location, location - "they" always say. Yes, many places charge way too much depending on location. Exactly how that cup of coffee at the airport costs 2 or 3 times what it costs elsewhere.

As far as the vehicle lien - I don't know, it could depend on a few factors but it's impossible to ascertain without more details. For a vehicle lien, that requires them to file with the DMV so they would need legal proof of their right to, so I would venture that it is legal. But it normally takes a court order as a result of a judgment against you (filed in civil court) unless there was some provision for it in your financial agreement with the hospital (read that contract).

But anyway, medical debt is the #1 reason why people file bankruptcy, so you are not the only one. The whole industry is quite bloated. The US has the highest medical expenses of any country in the world (we spend 15.3% of GDP on medical care), Switzerland coming in second. Here is a great article from PBS:
"5 Capitalist Democracies and How They Do It"
"http://www.pbs.org/wgbh/pages/frontline/sickaroundtheworld/countries/"

I am a relative that keeps getting calls on a family member who apparently has not made loan payments. I have asked the collectors to stop calling and remove my phone number as a contact. I have no contact with this family member. I do not want to change my number but I keep getting calls.

Any suggestions. Thank you

Mail them a letter telling them to stop calling, Cease & Desist.

Hi,

Would this letter work even if the debt is a couple of months behind??

Also, I've been told by the CA that the original credit does not want to contact me. That is why they took over. Is this true?

Certainly. Just be aware that a C&D can be construed by them as an invitation to sue (which they can call you and tell you).

Maybe, it's quite possible.

I keep getting calls from an attorneys office in new hampshire(i live in NC). I owe bank of america and my account has been sold several times. I got divorced and got behind on my payments. Now the guy is threating to sue me, can he do that? I don't even have anything as it is. I send what I can each month directily to bofa and he's telling me that isn't enough and I need to set up a payment plan with them. I told him that I don't have to deal with a 3rd party agency and just pretty much hung up on him. Is there a law that you can't hang up on the creditors 'cause I'm not dealing with their threats.

Nelson, Watson, and Associates started calling a distant relative of mine stating that they are not solicitors, in an effort to get my telephone number. Once they were given my telephone number, they continued to call this relative stating that my phone mailbox was full and they want my relative to give them another number?

Is this legal to be harassing someone who is not directly related or involved in any way with my personal financial dealings?

How can I protect this relative from these calls?

They can mail them a Cease & Desist letter (Certified Mail, Return Receipt).

is there anyway of saving my credit even after i send these cnd letters out

Hello - recently, I have been getting collection calls from this company? Does anyone know of them and waht I can do to stop?

rlw,

While I hate to say it, the only way to "save your credit" is to pay off your bills.

Guest,
Talk to them. Confirm your mailing address and NOTHING ELSE. Wait for the dunning letter, it is required by law for them to send it to you within 5 days. Then, if you feel the debt isn't yours, then dispute it (the procedure will be on the letter).

I am getting calls for a person who previously had my phone number, (I've had it for 6 years) and that collection agencies state that I'm related to and they are looking for them. I don't know and am not related to these people. How do I make them stop calling?

Send them a Cease & Desist letter. Certified Mail, Return Receipt Requested.

Do you have a template for harassing telephone calls for an individual that doesn't live at your number, you don't know and have never heard of? Possibly they had your number three years ago before you. It is impossible to speak to anyone about this when they call as it is automated.

Afriend of mine tried ceasing a CA since it was not her debt and she was told that a C&D doesnt apply to third parites due to the wording of the FDCPA. The wording of that section does seem to imply consumer owing the debt

If they don't honor the C&D letter, then don't even talk to them. I have had this happen when they called for someone with my name, but a different middle initial. I just started telling them they had the wrong person and hung up. They stopped calling quickly enough.

Should I wait for an unsecured credit card debt to go to collection before negotiating a payment plan?

No, there is no reason to wait that long. In fact, it'd be better if you can draw-out the settlement plan with the original creditor.

What is the present status of the of the account? Are you already behind payments? If so, how many installments have you missed so far?

Have you tried negotiating a settlement with the OC yet? If not, than that is your point to begin with.

I have read thru this forum and I have a question that I haven't seen asked here. There is a collection agency in MO, where I used to live, that has never contacted me. I found listed on credit report from experian and equifax. I live in AZ and they have never tried to contact me to collect this. They are representing a bank in MO. I do not believe that they are licensed here to collect. The amount that is claimed owed is fees for being overdrawn. Not the check or overdraw fees but fees because I was overdrawn. Checks cleared the night that deposit was made but deposit credited after debits.My question is what is the SOL on this and do I have have to pay this, since thae bank ended up reversing the returned check carges but never took off these. and how do I get the CA to stop reporting this and get it off my credit reports. This is the only black mark on there except a bankruptcy 9 years ago. This is something that I just found out about after 6 years. I am trying to buy a house and this is causing problems

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Are debt collectors allowed to call on weekends? I just got a call from Allied Interstate (or so I'm assuming, as the phone number is 866-310-3882).

yes they are.that is until you send the cease and desist letter.send it certified mail return receipt.

If you are a Pennsylvania or Ohio resident, A debt cannot be collected after 4 years. Thetime limit has expired. If they pursue, contact the BBC or the FDCPA.

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If you do come up with an agreement with the creditor, make sure that you get it in writing, otherwise the agreement isn't worth the paper it's written on. When you do pay them, use a money order or a bank draft. You don't want them to have any sort of access to your checking account information. Often times they'll take all of the money out of your account and there's not any real legal recourse

I've gotten three calls over the past two days from a number that supposedly belongs to CBCS (I looked it up at 800Notes.com). I haven't been home when they called and I don't have voice mail, so there are no messages to check. I don't have any debt; I'm a college student and my only bills that I've had to pay in my adult life are my credit card, electricity, and cable (the last two only since this fall), and they get paid off on time. So I'm assuming they're calling for somebody else. So I'm wondering if I should bother calling them back and verifying who they are (My caller ID says "Not Provided," but everything I've found says they're a collection agency) or if I should wait for them to call me when I'm actually home. From what I've read, this CBCS place is incredibly unscrupulous and has no contention about being indiscriminately abusive to both people with and without legitimate business with them.

hi well im very new at this so ill get right to the point . i have a bell south in collection and ive been trying to get a hold them i saw it was on my credit report last year in 08 i looked just a few days ago its not there. so i do i find them if i keep getting the run around with them they wont give me a billing address or phone numbers when i called them last. they even said they never had me as a wireless coustomer. how do i get a hold of the right person and pay them im not on computer much but please email me at xxxxxxxxxxxxxxxxx
[COLOR=#ff0000][/COLOR]
email address removed per site ToS, for your protection. Uncle Wulf

Maria, how old is the original account here? And what state do you live in?

A lot of the suggestions on here are pretty good, but know your rights by using the resources suggested - especially the FTC and your state's Attorney General's office.

Consider the following:

* To get the calls to stop, send the creditor or collector a letter - there are some included in the various posted comments - demanding that they cease and desist from attempting to contact you via telephone (at work or home) or via your mobile phone, or by email.

* ALWAYS send letters to a creditor or collection agency via certified mail, return receipt requested.

* NEVER admit you owe ANYTHING. If you make a settlement, don't admit you owe anything. Simply state that nothing stated in the agreement should be deemed an admission and that the parties agree to the terms stated in the agreement due to the uncertainty of litigation.

* ALWAYS keep ALL records of ALL communications. Write notes when you talk on the phone and put the time and date of the conversation at the top.

* ALWAYS tell the collector - just like they tell you - that you may be recording the conversation and that if they continue to talk it will be regarded as an agreement that the conversation may be recorded by you - even if you are not doing it. It can help to keep them from violating the law.

* Make sure if you are recording a conversation, that the recording includes your statement to them that you are or may be recording it. If they don't want to talk to you if the conversation is being recorded, just hang up on them. There is no reason if they are obeying the law that they should care whether the call is recorded.

* Don't hesitate to just hang up on them at any time for any reason or no reason at all. There's no law that says you have to talk to a creditor. There's no law that says you can't hang up on a creditor.

* If a creditor comes to your door to collect, tell them to immediately leave. If you know it's a creditor, bring you video camara when you answer the door. If they don't leave, call the police. Don't make any threats. Simply tell them they may not enter your property and that they are trespassing. Have your phone in hand and dial 911 with them standing at the door. Tell the operator there is an intruder on your property and to please send a police officer immediately. For a persistent collector that invades your privacy by returning after being informed they can not be on your property (which includes things such as a rental house or apartment, not just a home you "own"), go to your local police station and swear out a restraining order against the collector.

* There's no "debtor's prison" in America! You can not go to jail for simply not paying a bill. People don't to jail in America for not paying a debt to a regular business creditor (though you can for crimes, such as fraud, or for not paying some types of government fines, such as traffic tickets).

* ALWAYS demand a settlement offer in writing. Pay NOTHING until you receive it in writing and signed by a representative of the creditor. Make sure the document actually reflects what YOU understand the agreement to be and, if it doesn't, reject it.

* Make sure any agreement includes a statement that successful compliance with the agreement results in full and final satisfaction of the debt.

* If a creditor will not give you a settlement agreement in writing, don't trust them and don't pay them anything. They may promise you on the phone that a partial payment will satisfy the entire debt, but after your check clears, they just may call you again for the "outstanding balance". If you have no proof of a settlement, there isn't much you can do about it - in or out of court.

* If you ever get sued and don't have a lawyer, make sure you do "discovery". Send them, in writing, through their lawyer, a request for at least the following items: (1) any and all documents evidencing any debt owed by you to them, including, but not limited to, the original contract containing your signature and any other documents signed by you; (2) any and all documents regarding the subject matter of the suit; (3) any and all documents they intend to introduce as exhibits at trial; (4) the names of any and all witnesses they intend to call at trial, including, but not limited to, any expert witness; (5) a full accounting of the amount allegedly owed, including all debits, credits, and fees, including date incurred. There are many other things you may request. Don't hesitate to request anything you can think of. If they have a reason to not send it to you, they should tell you. If they don't send it to you, ask the court for an order directing them to comply with your discovery request.

The statements contained herein are intended as general information only. Nothing contained herein should be construed as legal advice or as the establishment of an attorney-client relationship.

That's excellent advice. Thanks for posting it.

Mind if I ask what state you practice in?

This website has been a great help. I'm trying to get my debt eliminated through one of these companies but they charge so much and there are no gaurentees. So I was looking for information that will help me deal with my creditor myself. If anyone has eliminated thier debt themselves I would love some help as how to getting started. I do have one question though. Should I let my debt go to collections and try to negotiate with them to pay a fraction of what was owed?

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In my case its a wrong number that credit minion after minion keeps on calling, for a year now. As I'm unemployed I can't afford to change my number in case a potential employer calls.

Here's my solution:

Call them back, they will usually not identify themselves with a full name...so here's how you get at their managment. Be calm, be business like.

Me "hello this is agent smith (Your name goes here) with the United States Federal Trade Comission, to whom am I speaking"

Them: Ummm Huuhh Ummm What?

Me: I'd like to know why you keep calling my Number here at the office, and disrupting my phone mail, with a call about somone who is clearly...not me.I'll need to speak with someone in charge...please.

Them : ummm okay....a long long silence, yes this is Bill speaking.

Me: Bill I'd like to investigate a situation where I keep getting calls for a "whomever", who are you trying to collect for? Who is your client?

Them: I couldn't say.

Me: Bill you've called a private number, I have Identified myself as not this person, you are required to give me your name, and the source of who has given You my phone number.

Them: Capital One is our client.

*They will give you this, long before they give you their full name, such loyalty to the client tsk tsk.

Me: Thank You Bill, I trust you won't be calling my number xxx-4567 again. Can I get address to send you my written cease, and desist?

At this point I file a 'do not call complaint' with the FCC, not the FTC. I send them a fax or email or snail mail with my FCC complaint *That is my notification in writing*, and of course I include the FCC in the email.

I list Capital One and their agents as the offenders, include all addresses if you have them, multiple agencies if you have them.

But I'm not finished there. The we navigate to the Capital ONE site, under contacts they never have one labeled complaints, but they do have one for reporting fraud. Send the
following email to the report fraud link:

Dear Sirs, My name is "yourname" I have received phone calls from the following phone number xxx-4567, and they seem to be asking for account information. What's odd is I don't have an account with you, and never had one.

So Capital one investigates themselves, the right hand doesn't know what the collection agency is doing. In the end they figure out for themselves, they have the wrong phone number and it gets corrected. Or you can send cease and desists forever, and it will never stop as it passes from collection agency to agency.:D

Will a cease and desist letter stop ACH's from payday loan companies from coming out of my checking account

No...it wont. Also since a payday loan company is a first party, they do not have to comply with a cease and desist.

You might wanna read the payday loan forum for information on how to stop your ACH.

Nelly, I work GE Aircraft Engines in Dayton Ohio and my name and business office is not David Kennedy, My name is Mike McPherson, West asset management keeps calling my ext 7318 and leaving message after message for David Kennedy, I have tried calling the # back but you never get to talking to anyone, how do I get West Asset Management to stop calling this # looking for David Kennedy, here is email address to verify email deleted...pm direct line deleted...pm


mike we are not this bottomfeeder(thank god).there is an address in this thread.mail them a complete cease and desist letter.send it certified mail return receipt.also please do not put sensitive info on a public site.thank you...paulmergel

they say this is owed from an amount left on an account of $47 back in 2007 and they have be trying to find us that long. we have been at same address for 9 yrs. they say it went from $47 to $298.67 because of late charges a penalties. we did not know of oweing anything until lette showed up and i called to inquire

please clarify: After the unpaid balance of debt to a creditor is turned over to a collection agency, can the person still make a payoff agreement with the original creditor?

Here's a game to play with collectors....

Keep a log of how long you can keep them on the phone with the minimum amount of words on your part.....

Commit to yourself that you will improve every week.

A good way to do this is to repeatedly say, "hmmm tell me more" and then immediately set the phone down for 2 minutes. come back in 2 minutes and see if they are still there. then try 3 minutes. then say "hmmm, tell me more."

Good luck!

I would like the phonecalls to cease from the loan company where I have 2 loans, 1 is up to date and the other is only 1 month behind. I take my payments to the office each and every time I have the money. I keep in contact with them and they STILL insist on calling me at WORK where I have ask them NOT to, and call me on my cell AND at home-daily AND sometime 4 and 5 times daily. How can I get the calls to STOP AT WORK AND at home and on my cellphone.?? It's not like I don't keep in touch with them.

First party lenders are not bound by the FDCPA unless your state law overrides it.

I just sent you a message for an example of a Cease and Desist letter - and then found one deeper in this website. THANK YOU!

Searching the web for just a "Cease and Desist Letter" and similar words brings up nothing useful. Try to get your cease and desist letter listed with your services or so that it will come up with responses to those words on the Internet. I have been diligently searching for 4 hrs. now.

What if they are contacting you but you have no debts?

Why are they contacting you? have you talked to them?

An old creditor has a cease and desist letter in place. We want to settle a 5000 debt for 1500-it is over 5 years old. They say they need us to fax them a letter with offer. They want 2500. Is 1500 fair and are they right in wanting us to fax them a letter?

Do I use the same Cease and Desist letter if I want a bank to stop calling my 90 year old father? I have volunteered to surrender a vehicle that my father signed for. They said they would take the car back but the phone calls will still continue to my father unless I send them a letter. What format of a letter should I sned them?

As a first party, the original lender or bank is not bound by any cease and desist unless state law supercedes.