A1 How To

There is a time for them to call and a time when they should not call you.

There are times that a debt collector is barred from calling. The major law that governs when and how a collector can call you is the federal Fair Debt Collection Practices Act (FDCPA). This law dictates how each collection agency, attorney’s that handle consumer debt and all collectors are obligated to deal with each consumer. This law prohibits collectors from calling you too often, or at any unusual time or place that is known or should be known to be inconvenient for you. If you receive calls from a collector that is inconvenient, you should let the collector know immediately. The collector then is legally obligated not to contact you at during those times or at those places. Collectors have a responsibility to listen to your telephone request and should not contact you as instructed. At the same time be ready to tell the collector when you are prepared to talk with them. It is always a good policy to get the matter resolve quickly and talking can accomplish that quickly. The FDCPA states that a reasonable time to contact you to be after 8 a.m. and before 9 p.m. in your local time. That being said if you find those times are inconvenient, tell the collector what alternate time would work for you.

One of the questions consumers want to have answered is whether a collector can contact you at your place of employment. A collector, under the FDCPA, is able to contact you at your work unless you feel it is an inconvenience for you. Just let them know by phone or letter where a good alternative place and time maybe and they are duty bound to follow those time and places

Can collection agencies call on Sundays and holidays? Yes, collectors are permitted to reach you any day and that includes Sundays and holidays.

What is the frequency that a collector can make a contact with a consumer? The FDCPA block a collector from calling an excessive number of times and this means when it becomes abusive. Unfortunately, neither the FDCPA nor any legal decisions have made it clear as to what that number maybe.

Consumer need to know the proper way prevent a collector from calling you in the future. Federal law provides that one option is to send a letter to a collector demanding all collection calls stop. Make sure this is done in written form as this the best way to make sure your wishes are followed. Once request has been received by the collection agency, they can only contact you one additional time to tell you they are stopping their contacts with you, or that they intend to take a specific course of action, allowed by law, to pursue the debt. These remedies may include filing a lawsuit to collect the debt or pursuing wage garnishment.

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