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Author: Sergei Lemberg
Will a Debt Collector Ever Go Away?
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General Rule: A debt collector should stop contacting you if you pay off your debt or agree to a settlement. There are also legal tools you can use to stop a debt collector from contacting you.
For many consumers, a debt collector causes unwanted stress and anxiety. They repeatedly interrupt your day about a debt that you want to go away. In some instances, a collection agency is acting perfectly within its legal rights to collect a debt.
However, there are situations where a collection agency engages in harassing, deceptive and other abusive debt collection practices. When this happens, you can look for protection with the Fair Debt Collection Practices Act (“FDCPA”). But, you ask, how can I make a debt collector go away?
There are a couple of ways to stop a collection agency from contacting you. In this article, you will learn your options and the steps you must take to finally say goodbye to collection agency calls and letters.
Pay Off Your Debt
This may sound obvious, but a quick way to get a collection agency to stop bothering you is by paying off your debt. Now, this does not necessarily mean you must pay the debt off in full.
You do have the option of negotiating a debt settlement with a collection agency. You may find a way to settle on an amount that you can now afford. You may even be able to negotiate additional options. This may include a lump sum or larger installment payments.
Is the debt not yours or paid off already? Sometimes a collection agency may contact you for a debt that is not yours or that you paid off. This happens both accidentally and intentionally.
What should I do? When this happens, you should dispute the debt in writing. If they continue to contact you, there are ways to escalate the situation that this article will highlight in a later section.
Send a Cease-and-Desist Letter
Another way to get a collection agency to go away is to send them a cease-and-desist letter. This letter formally instructs the collection agency to stop all forms of communication. If you go choose this option, you may want to consider using an attorney. They can ensure the letter has the appropriate language to put the collection agency on notice.
If you send it yourself, make sure you do so by certified mail. This will allow you to confirm that the collection agency received your request. In addition, keep a copy for your records. You may need the letter as evidence in case the debt collector continues to contact you.
It’s important to note that the cease-and-desist letter only ends communication with the collection agency. If your debt is valid, you still have a legal obligation to pay it off consistent with the terms of your agreement.
Note: The following are exceptions that allow a collection agency to communicate with you: (1) acknowledging receipt of your letter; and (2) notifying you of an intent to file a lawsuit.
Report an FDCPA Violation
If a collection agency contacts you after you send a cease-and-desist letter, there are other options available to you. Consider the below options for making a debt collector go away:
- File a Complaint with the Federal Trade Commission (FTC). You can submit a complaint to the FTC. The FTC enforces the FDCPA and ignoring a cease-and-desist letter is a violation of this federal law.
- Submit a Complaint to the Consumer Financial Protection Bureau (CFPB). The CFPB accepts general consumer complaints. They may get involved if you explain how the collection agency is harassing you.
- Take the Collection Agency to Court. If the other options are unsuccessful, you should consider filing a lawsuit. A court can order a collection agency to stop contacting you. The court may also compensate you for any damages and issue a penalty against the collection agency.
Conclusion
Debt collectors will often add unnecessary stress to your life. Sometimes, you can work with them to get the matter resolved. However, there are other times when you need to take the necessary steps to end all communication with them.
If you are dealing with a collection agency and not sure what to do, contact a consumer rights attorney. They have experience in dealing with collection agencies and can advise you on the best course of action.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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