Can you refuse to take calls from debt collectors?

There is no legal requirement that you have to take a call from a debt collector. If you choose to ignore them, you are free to do so. Of course, continuing to ignore payment of a valid debt can lead to other consequences, such as referral of the account to an attorney to file a lawsuit against you. As we also know, debt collectors can be very persistent. Even if you don't answer the phone or return their messages, they will probably continue calling you over and over until you make arrangements to pay or until the account is returned to the creditor.

However, there are limits to the persistent and often annoying calls from debt collectors. The Fair Debt Collection Practices Act (FDCPA) makes it illegal for a debt collector to cause a telephone to ring or to engage you in conversation repeatedly and continuously with the intent to annoy, abuse or harass you. In addition, debt collectors cannot call you before 8:00 a.m. or after 9:00 p.m. local time where you live. They cannot call you at any time or place which they should know to be inconvenient to you. For example, if you work at night and normally sleep until noon, you should specifically tell the debt collector this and ask that you not be called before noon. While debt collectors are allowed to try calling you at work, as soon as you tell them that your employer prohibits you from taking their calls while you are working, that collector may not call you at work ever again. Therefore, if you are receiving collection calls at work, you should clearly tell the debt collector that you are not allowed to take personal calls while you are working and tell them not to call you there again. Ask them to specifically note this in your file.

The best way to get debt collectors to stop calling you is to send a "cease and desist" letter. The FDCPA provides that if you notify a debt collector in writing that you refuse to pay the debt or that you wish for the debt collector to cease further communication with you, the debt collector cannot communicate with you again. There are three minor exceptions to this rule. Regardless, you should receive no more than one final communication after making a cease and desist request. The request must be made in writing. A request made over the phone will have no legal effect. You should always send your cease and desist letter in a manner by which you can prove that the debt collector received it (such as certified mail with a return receipt, UPS, FedEx, etc.). The notification is not legally binding until the debt collector receives it.

If think a debt collector's calls are violating your rights, you could be entitled to up to $1000 in damages, plus payment of your attorneys fees and litigation costs. Contact our experienced attorneys for a free review of your situation by calling us at (877) 861-3756, or fill out our form for a free, no-obligation case review.