Next to issues about credit, the question we get most often is how to stop creditors from calling. In fact, I've often said at networking events that one thing to look for that would be a great referral for me is someone who's cell phone keeps ringing, and each time it rings the person hangs their head because they know it's a debt collector calling.
There are at least four ways to get the Creditors to stop calling:
First, pay them. My intent here is not sarcasm. Certainly if you have the means to pay off the debt there are reasons to do it (and reasons not to). By this option, however, we mean create a payment plan with the creditor. The debt will no longer be reported as overdue and the creditors will stop calling if there is an agreement in place to pay them in installments.
Second, ask the creditors to stop calling. Verbal requests are good. Verbal requests that are followed up by email or fax are better. Requests that are in writing are highly effective. The request does not need to be fancy, it merely needs to request that the creditor stop calling because of: (1) the hardship being experienced, (2) the calls are going to a cell phone or work phone, and (3) the calls are harassing.
A third way to stop the calls is to hire an attorney. When the creditor knows the borrower is represented by an attorney, they are prohibited from calling the borrower without counsel's permission. Typically, when we undertake representation of clients who are having debt payment issues, the first thing we do is send a letter to the lender (see above).
The last way to ensure the creditors stop calling is to file bankruptcy. The automatic stay of the bankruptcy code stops all collection activity. Any further collection by the creditors would be within and governed by the bankruptcy code, either in a Chapter 7 liquidation or a Chapter 13 reorganization.
For more information on debt collection or creditor harassment, please subscribe to the Yesner Law Podcast, on iTunes and Stitcher. You can also contact us to schedule a free initial consultation to discuss your options at 813-774-5737 or email me directly at email@example.com.
Shawn M. Yesner, Esq., is the founder of Yesner Law, P.L., a Tampa-based boutique real estate and consumer law firm that helps clients eliminate debt by providing options, so they can live the lifestyle of their dreams. We assist clients with debt settlement, Chapter 7 liquidation, Chapter 13 reorganization, bankruptcy, foreclosure defense, landlord/tenant issues, short sales, asset protection, the sale and purchase of real property, and loan modifications in Tampa, Westchase, Odessa, Oldsmar, Palm Harbor, Clearwater, Pinellas Park, Largo, St. Petersburg, and throughout the greater Tampa Bay area.