A creditor or debt collector is still contacting me. How can I make them stop?

Updated: 03/08/2022
Article #: 34


After hiring a law firm to represent you and that law firm places a power of attorney and cease and desist on your account, the creditors and debt collectors should not contact you any further by any means other than to say they have filed a lawsuit against you.

 

After hiring our firm we place a power of attorney with a cease and desist on your account for you. It can take up to 10 working days for some creditors to remove your phone number from their automated systems and in their computer system. There may be calls or emails during this time period.

 

If creditors and debt collectors are still calling

If they call, pick up the phone! A violation does not occur if they just call or leave a voicemail. A violation occurs when you pick up the phone and someone asks for money from you. 

What if they ask me to verify my information? They may ask you to verify your information so they can be sure they are speaking to the correct person. I leave this up to you as to whether you want to verify your information or not. If you do not verify, then no violation occurs.

Should I record the call? If you have a call recording app on your phone system, then yes. But it is not necessary to have a call recording of this phone conversation. Even if you have the call recording, we may not be able to use it in court anyways. We can help you write an affidavit after the call is finished based on the information provided.

What do I say on the phone to them? First, listen to them. The violation occurs when they ask you for money. After they ask you for money then you need to gather as much information about them as possible. 

 

Ask the agent for their |

  • Name

  • Company ID or extension 

  • What office they are out of

  • Company name.

  • Do they show that you are represented by an attorney?

I

f the agent refuses to answer your questions or keeps trying to obtain payment make the following statements to them:

  • I am trying to help you figure this out. You clearly want money but I need a little more information first. – What did you say your name was……

  • You called me…I am just trying to help BUT I need to know……….

  • I am really concerned that someone would ask for money from me. I need a little more information before we can proceed.

Finally, please notate the date and time of the call and the phone number that it came from.

 

Let us know about the phone call

Email | cs@floridacreditlaw.com

Online | Click to Give us the Information

 

 

If creditors and debt collectors are still emailing

There are two types of emails that an original creditor may be sending to you. 

 

Promotional emails try to sell benefits, features, and more products from the company. You should unsubscribe from them if you do not want to do business with that company any longer. Usually at the bottom of the email will be the Unsubscribe link. Use that to remove yourself from their mailing list.

Account emails You most likely subscribed to the account update emails if you requested paperless billing. These types of emails are not an attempt to collect a debt. They are updating you on the current  information about your account. Usually at the bottom of the email will be the Unsubscribe link. Use that to remove yourself from their mailing list.

 

There are two types of emails a debt collector or debt buyer may send out to you. 

 

Introduction Email This email is sent when they have purchased an account. They are letting you know that they are the new owner of the account. We need this email so we can send them any demand letters. After forwarding to us, you can unsubscribe to further emails from them.

Collection Emails We are certainly interested in any email (other than the introduction email)  that states you owe the debt collector or debt buyer money. This could be a violation that we could use as leverage to obtain a better deal for you.

 

Let us know about the email

Email | cs@floridacreditlaw.com

Online | Click to Give us the Information

 

 

If creditors and debt collectors are still texting

Debt collectors, debt buyers and creditors can now text you thanks to a new Federal law enacted in September 2021. On the first text received, please reply “stop” if you no longer wish to receive their texts. Please take a picture of this text log or keep it active on your phone. 

If they send further text, this could be a violation of Federal law. If you receive further text you can send us a picture of the text chain 

 

Let us know about the text

Email | cs@floridacreditlaw.com

Online | Click to Give us the Information

 

 

If creditors and debt collectors are contacting via social media

Debt collectors, debt buyers and creditors can now text you thanks to a new Federal law enacted in September 2021.

If you are contacted via your social media account, you can take a screenshot of the message and send it to us. You can block the person sending the message on most platforms.

 

Let us know about the social media contact

Email | cs@floridacreditlaw.com

Online | Click to Give us the Information

 

 

Last Word on creditors contacting you after we let them know we represent you

We want to know when your creditors, debt collectors, and debt buyers contact you around 10 days after you have hired us. If they keep contacting you after they know we represent you, this could be an Fair Debt Collection Practice Act (FDCPA)  violation. For every contact, it could be a $1000 violation. Or another way to think about this if they keep contacting you, then the violations may offset the debt amount. This may give you more leverage in negotiating your debts with them. So it may not be the worst thing that they keep contacting you. But we need to be your partner in this effort. 

 

The key points to this is that |


  1. They have to ask you to pay money or state they are collecting money

  2. You have to pick up the phone and speak to them.

  3. On other mediums they have to state an amount is owed and here is how to pay.

 

If you have questions about any of the above, we want to hear from you. 

 

Help Center | help.floridacreditlaw.com

Live Chat |  Click Here to Start

Email | cs@floridacreditlaw.com

Schedule a Phone Call |  Click to Schedule a Phone Call







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