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Does a Cease and Desist letter only apply to third party debt collectors?
Wiki User
∙ 13y ago
Not just bill collectors. Under the federal Fair Debt Collection Act it can be any third party, anybody but he creditor itself, such as the creditors attorney or a bill collector. It would not apply to someone that bought the note, however. That entity would be the same as a creditor.
Wiki User
∙ 13y ago
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Is it still legal to be called at work concerning a debt and if so can they find out where you're working if you change employers?
It is legal until you notify the creditor/collectors that you cannot be contacted at your place of employment. The majority of collectors will honor the request, as the last thing they want to happen is for the person to lose their source of income. If they continue to call a "cease and desist" letter can be sent by certified mail, this correspondence can also be used to stop creditors from calling a person at their private residence. Please be advised not all FDCPA laws will apply to an original creditor.
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How to stop collection calls on small personal loans and payday loans?
Any legitimate loan is covered under the Fair Debt Collection Practices Act. This Federal law covers the behaviors of bill collectors. Many of the aspects of FDCPA only apply to collection agencies, not necessarily to the original lender. Most lenders will still abide by the rules of the FDCPA, and most states have their own laws governing bill collection. Payday loans themselves, are illegal in many states due to the high interest rates. Most states require lenders and bill collectors to be licensed in that state to conduct business. Many payday lenders are not licensed, and are practicing illegally. You would have to contact your state Financial Regulatory agency to find out your state's specific laws. As a rule, if you write a cease and desist letter to a bill collector, they must cease contacting you unless it is to tell you that they intend to take further legal action against you.
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What should you do if you have two different credit card companies with collectors calling you night and day threatening to pursue legal actions?
One option is to send the creditors/collection agencies a cease-and-desist letter. It should be sent by certified mail. After it is received, the collector must stop contacting the requesting party. This action does not pertain to the original creditor--only collection agencies. OCs do not have to follow the FDCPA. The party involved also has the option of having an attorney remit letters to creditors explaining the debtor's situation. Once a creditor or collector has been notified that legal counsel has been obtained, they can only contact the debtor with the debtor's permission. This option does apply to both original creditors and third-party collection agencies.
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