West Virginia Section 805 communications telling debt collector to stop communicating with you

State:
Multi-State
Control #:
US-DCPA-17
Format:
Word; 
Rich Text
Instant download

Description

Use this form to tell a debt collector to cease all communications with you.

Once a debt collector receives written notice from a consumer that the consumer refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease communications with the consumer except:

  • To advise the consumer that they are terminating their debt collecting efforts
  • To notify the consumer that the debt collector or creditor may invoke specified remedies which they ordinarily invoke, or
  • To notify the consumer that the debt collector or creditor intends to invoke a specified remedy

    This form also also includes follow-up letters repeating your earlier instructions with a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    Although debt collectors can leave a message on your machine, they cannot necessarily do it legally. The FDCPA exists in order to protect your privacy and prohibits debt collectors from disclosing your information to third parties.

    No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

    You have the right to tell a debt collector to stop communicating with you. To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

    Under the FDCPA, you can tell a debt collector to stop contacting you; but it's not always a good idea. The federal Fair Debt Collection Practices Act (FDCPA) gives you the right to force a debt collector to stop communicating with you.

    How to Stop Debt Collector HarassmentWrite a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

    Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

    To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021. Learn more about the Debt Collection Rule and your debt collection rights.

    Under the FDCPA, you can tell a debt collector to stop contacting you; but it's not always a good idea. The federal Fair Debt Collection Practices Act (FDCPA) gives you the right to force a debt collector to stop communicating with you.

    Here's how you stop debt collection calls for someone else's debt:Answer the phone and explain you're not the person they're looking for.Tell them that they are calling the wrong number.Send a cease and desist letter to them.If they continue to call, file a complaint with the FTC.

    Even if the debt is yours, you still have the right not to talk to the debt collector and you can tell the debt collector to stop calling you. However, telling a debt collector to stop contacting you does not stop the debt collector or creditor from using other legal ways to collect the debt from you if you owe it.

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    West Virginia Section 805 communications telling debt collector to stop communicating with you