Stop Harassing Me!

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Just a few good notes that I have gathered from other sources that enforce a creditors attempt to collect their own debt.

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Under Section 805(c) of the Fair Debt Collection Practices Act, a consumer has the right to request, in writing (specifically in writing), that a third party collection agency cease and desist from further contact regarding an alleged debt.

It is important to note that, absent contrary state law, this regulation does not apply to actual creditors. Per section 803(6), the FDCPA applies only to those who collect “…debts owed or due or asserted to be owed or due another.” This is a really good law to know as you continue to skip trace and attempt

Therefore, a creditor (lien holder) collecting on debts owed to itself (assuming the creditor does not use the name of a third party to collect its debt) is not considered a debt collector under the FDPCA and is not bound by its contents. In short, if you own the debt you can continue to make contact in person or by phone.

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1 Comment on Stop Harassing Me!

  1. Great insight…Thanks.

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