Texas residents who are experiencing financial problems will frequently resist taking action for fear of how the creditor will respond. Collection tactics used by creditors and collection agencies are the foundation for consternation and fear on the part of the debtor. Fortunately, there are steps that can be taken, such as a bankruptcy proceeding. However, there are times when the collection agencies will continue making contact with the debtor. Knowing the law and a debtor’s rights to tell them to stop making contact is an important part of the process.
Debtors are within their rights to tell the collector to stop contacting them and the contact must then stop. This does not eliminate the debt and there are times when the collector will be legally able to follow up with the debtor. When the debt collector receives the letter telling them to stop contact, they are not allowed to make contact unless it is to do the following: inform the debtor that there will not be any more contact, or advise the debtor that the creditor can take other actions to recover the debt, such as filing a lawsuit.
Debtors who decide to send a letter will want to send the letter via return receipt so there is proof that it was received. It can also be faxed. These strategies are useful to have a record of sending the letter. The debt collector is similarly prevented from being abusive or using deception to try and collect a debt. A mistake that debtors often make is to ignore the debt collector. This will not stop the attempts to collect the debt.
Having consumer debt that is so overwhelming that it cannot be paid back is a stressful situation that many consumers are confronted with. The worry over harassing calls is also a factor. Those who are dealing with this type of circumstance need to realize that they have rights. Knowing debtor protections and taking steps to clear the debt with a bankruptcy proceeding are options to consider with help from an attorney experienced in helping clients facing financial struggles.
Source: consumerfinance.gov, “You have the right to tell a debt collector to stop contacting you,” accessed on Feb. 21, 2017