Jon Alan Enochs

Collector Abuse

The creditor debtor relationship is one of the most adversarial relationships that exist in our society. If a debtor does not repay his debt to a creditor then the creditor will confront the debtor in an effort to obtain payment. The form of this confrontation will vary. This confrontation frequently takes the shape of harassing phone calls at the debtor’s place of employment, phone calls to his/her residence, letters being sent to the debtor’s residence and/or employer demanding payment and even in the form of a lawsuit. Once a debtor stops paying his creditor any customer service and professional courtesy once extended to that debtor as a customer is usually replaced with contentious behavior. Unfortunately, there is a positive correlation between money collected by a creditor from a debtor and abusive behavior. Both federal and state law set forth a code of conduct for debt collectors. There is the Federal Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collections Practices Act (California Fair Debt Collections Act) which set forth what the debt collectors can and cannot do with regards to their efforts to collect a debt. Though the debtor may be obligated to pay on the underlying debt to his creditor both federal and state law provide for statutory damages, actual damages, and attorney’s fees when a creditor violates one of these laws. If you are on the receiving end of persistent or otherwise contentious efforts by a creditor to collect money they claim is due then you have rights. Once you instruct a debtor to stop contacting you at your place of employment then that creditor cannot contact you at your place of employment any further. Moreover, once you notify your creditor that he cannot contact you by telephone at your place of residence or at your place of employment then that creditor likewise cannot contact you by telephone. In order to get your creditor to comply with your request you may use a letter set forth below:

Sample of Cease and Desist Letter

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