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January 4, 2008, Newsletter Issue #45: Creditor Harassment Victim's Rights
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Tip of the Week
The easiest and often most effective action you can take is to simply ask the creditor stop calling you. You may have to “remind” the caller that the firm has violated one or more provisions of the Fair Debt Collection Act, but the calls should cease. Should you be dealing with a collection agency and not your original creditor, you may also create and send your own “Cease and Desist” letter to stop their debt collection harassment. Always send a cease and desist letter by certified mail – return receipt requested so you’ll have proof of its receipt. Also, make every attempt to send this letter to a physical address of the collection company, not a post office box.
You can report harassment problems to your state’s Attorney General’s office, the Federal Trade Commission, the American Collectors Association or your local State Bar Association. Should problems persist, you have the right to sue a collector in either state or federal court within one year from the date of the violation. If you are successful, you are eligible to recover money for damages, court and attorney costs, plus an additional amount up to $1,000.
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