Michigan Letter Informing Debt Collector not to Communicate with Debtor at Debtor's Place of Employment

State:
Multi-State
Control #:
US-01428BG
Format:
Word; 
Rich Text
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Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.


The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.

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FAQ

Page 2. Collection Agencies and Your Rights: Sending a Cease Communication Letter. Federal law requires collection agencies to stop their collection efforts after they receive a written request to stop.

A debt collector can only contact your friends, employer, relatives or neighbours to get your telephone number or address. This does not apply in the following cases: the person being contacted has guaranteed (or co-signed) your loan. your employer is contacted to confirm your employment.

The safest and most effective way to stop harassing calls to your cell phone is to send a written cease and desist notice to the collector.

A cease and desist letter is a formal letter requesting debt collectors to stop contacting you about a debt you owe. The Federal Fair Debt Collections Practices Act (FDCPA) requires debt collectors to cease any communication with you after they receive the letter.

If you're being contacted by a lawyer on behalf of a creditor, the lawyer must stop contacting you too, provided he or she handles more than two debts in a year. The point of a cease and desist letter is to stop receiving harassing communications. Your creditors are still able to try to collect the debt owed, though.

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.

This means that debt collectors cannot harass you in-person at your work. However, a debt collector, like a credit card company, may call you at work, though they can't reveal to your co-workers that they are debt collectors. If you ask the debt collector not to contact you at work, by law they must stop.

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.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

A cease and desist letter is a formal request that you send a debt collector to stop contacting you about a debt. This contact includes collection calls and demand letters. If you make this request over the phone, it won't be official or binding.

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Michigan Letter Informing Debt Collector not to Communicate with Debtor at Debtor's Place of Employment