What If I Want A Debt Collector To Stop Calling Me?

A third party debt collector may call the debtor’s place of employment, but they are limited in what they can disclose. They are prohibited from informing an employer about a debt, or attempting to get a debtor fired. In general, a collection agent is restricted from discussing your debt with anyone but you and the credit bureaus, however in some states speaking with a debtor’s spouse is permitted.

While it may not be the best idea, according to the Fair Debt Collection Practices Act, a debtor can notify a debt collector in writing telling them that they want to stop further communication and the collection agent has to comply. The debt collector is usually permitted one more contact to inform the debtor how they intend to proceed with their case. While ceasing communication with debt collectors might seem relieving, it is essentially relinquishing control over your financial situation, and a debt collector is still fully capable of negatively marking your credit score or taking you to court.

The request to cease communication must be written, preferably citing the FDCPA and sent by Certified Mail, Return Receipt Requested. If a creditor was on the fence about whether or not to file a lawsuit against the debtor, the decision will usually be made right after this point, instead of being further delayed.

Again, just because the collection agent can no longer contact you anymore does not make the debt go away. After a consumer has sent a “cease and desist” notice to their debt collector, their debt will either be returned to the original creditor, passed on to another third party agency, or in rare instances, filed away simply as uncollected, all depending on the circumstances.

Try to keep in mind though, when the collection agent calls, they usually have the authority to offer you a repayment plan or a reduced amount to pay, which will absolve you of your debt so you don’t have to worry about it anymore, and make it easier for you to pay. Although they get a lot of bad press, most debt collectors are for the most part friendly and more than happy to work with you if you want to work out some sort of payment. It’s a win-win situation for both parties: your debt has been paid and the collector gets a nice commission check for the week to bring home.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies Also published at What If I Want A Debt Collector To Stop Calling Me?.

Bankruptcy Filings Increase As Economy Suffers

Layoffs and pay cuts moved more people into bankruptcy last year, and researchers are asserting that the situation is most likely not going to improve until the unemployment issue improves. In Wisconsin, bankruptcy filings rose 30 percent in 2009. This came on top of a 35 percent increase in the preceding year.

According to bankruptcy lawyers, it is not just firings and layoffs that are motivation to file. It’s the losses of once-regular over time pay and full time status that have left consumers from keeping up with monthly payments that in the past were not an issue to pay.

U.S. Bankruptcy Court records reveal that there were 27,413 bankruptcy petitions filed in Wisconsin last year. More than 80% were Chapter 7 cases. Chapter 7 cases wipe out medical bills, credit card balances, and other types of debt. Recent Research by The Associated Press illustrated that more than 1.4 million bankruptcies were filed in 2009, an increase of about 32% from 2008.

And although bankruptcy annihilates the looming debt and offers consumers a fresh financial start, people often remain unemployed and are unable to find employment to get an adequate income again.

Worse still, unless the economy improves enough for companies to start hiring, there is little reason to think that bankruptcies will go down in 2010. Experts have noted that home foreclosures will continue to pile up in 2010 because people who previously had adequate credit have lost employment and cannot keep up with payments.

Bankruptcy may seem like a good option to get a fresh start, but it negatively affects your credit report for ten years, rendering you unable to get a car, place of residence, or employment. Before declaring bankruptcy, it is a wise decision to speak with your creditors and see if some sort of repayment plan can be worked out.

Mallory Megan is an employee at a debt collection agency. She also does articles on the credit industry, business, finance, and debt collection.