Letters to make debt collectors stop calling you

When you find yourself being harassed by debt collectors, you can easily get them to go away lawfully provided you know the game.

The key is to respond quickly and force them to prove their initial claims or get lost. Unless you are dealing with another man or woman who actually lent you their property, you more than likely do not owe any debt...even if you believe you do.

Basically, the process of getting a debt collector to go away consists of:

• Debt collector starts calling / mailing.
• You force the debt collector to stop calling.
• You force the debt collector to prove it has any right to even bother you on the matter.
• You force the debt collector to prove that the alleged debt is valid.

For a full, detailed view of the process, check out the link at the bottom of this article titled "How to stop debt collectors from calling you and make them go away for good".

Below you will find a phone script along with a series of letters that you can modify and put to good use.

While it is true that you could write more letters with more legal terms in them, I prefer to make use of letters using common english.

Please Note:

• I am neither a debt collector nor a lawyer
• These scripts and letters are not legal advice, they are examples of scripts and letters which you can use if you choose to do so. You use them at your own risk.
• Always send letters to debt collectors, attorneys, and government agents via certified mail, return receipt.
• Before sealing such letters, be sure to take them out and write the certified mail number at the top.
• Keep copies of all letters together with their certificates of mailing and return receipts in a safe spot such as a manilla envelope.
  

There are basically three scripts that I have found to be useful when dealing with debt collectors. All three of them are rather short, to the point, and designed to make sure that you do not say more than you really should.

Script #1: Debt collector calls and has not previously sent a letter

I am willing to discuss this matter as I would like to get it resolved. However, I would prefer to do so in writing. Can I get your name and mailing address please?

( IF THEY REFUSE )

Please understand that I have no idea if you are whom you claim to be and no reasonable way to identify you over the phone. For that reason, I must insist that you send me the initial written communication required by the Fair Debt Collection Practices Act as written at USC 15 Section 809(a) and provide me with your name and mailing address.

( if they refuse to provide a name and address I simply hang up, otherwise I continue as if they had identified themselves )

( you can call the phone company to get the number in some cases )

( IF THEY IDENTIFY THEMSELVES )

Thank you.

As per the Federal Debt Collection Practices Act at 15 USC 809(a), I will expect your initial written contact within five days.

Once I receive it, I will write a response and get it into the mail quickly so that we can resolve this matter.

In the mean time, I am asking that you do not call me further unless you fail to receive a response within ten days of mailing out your initial written communication.

Thank you for your consideration. Have a nice day.

( if they persist in questioning me I simply hang up as I have said my piece )

Script #2: Debt collector calls and has previously sent a letter

I am concerned about this matter as well and have just recently received a letter concerning it. Who am I speaking with today?

( REFUSE TO PROVIDE A NAME?)

I'm sorry, without knowing who I am speaking with I am afraid that I cannot continue this conversation. Please identify yourself as required by the Fair Debt Collection Practices Act or stop calling me immediately.

( ONCE IDENTIFIED )

** Write down their name and confirm the spelling of it

And whom do you work for?

** Write down the name of the company

Thank you. I am in the process of writing a letter back to get some clarification on the matter, which I should have out in the mail shortly.

I am afraid that I cannot agree to speak about this matter over the phone as I cannot be absolutely sure of whom I am speaking and I prefer to keep records of all correspondence concerning financial matters.

You should receive my response within a few days. As I have nothing further to say concerning this matter via telephone, I must ask that you stop calling me immediately and limit any further discussion on this matter to mail unless you fail to receive my written response within five days.

Have a nice day.

( hang up )

Script #3: Further Phone Calls

And who am I speaking with today?

-- write this and the date and time down --

( IF SAME CALLER )

As per our last conversation...

( IF DIFFERENT CALLER )

Thank you. I spoke with // previous caller // on // previsous day // at // previous time // and noted that...

( RESPONSE SENT YET = NO )

...I am working on a letter to you concerning this matter, which you should have shortly.

I have nothing further to say on this matter over the phone as I keep written records of my financial concerns and have no way of verifying that you are who you claim to be.

I must demand that you stop calling me for at least five days so as to give me time to finish my response and the post office time to deliver it.

Further calls received within the following five days shall constitute your tacit agreement that you are harassing me in violation of the Fair Debt Collection Practices Act USC 15 Section 806(5)

Good day. ( hang up )

(RESPONSE SENT YET = YES, but no receipt yet showing delivery)

...I wrote a response to your initial letter and sent it out on // date //.

You should receive it within a couple of days.

I have nothing further to say to you over the phone as I keep written records of my financial concerns and have no way to identify who people are over the telephone.

I must demand that you stop calling me for at least three days so as to give the post office time to deliver my letter to you. Any further calls received within three days shall constitute your tacit agreement that you are harassing me in violation of the Fair Debt Collection Practices Act at USC 15 Section 806(5).

Good day. ( hang up )

(RESPONSE SENT = YES and you received receipt of delivery already )

I write a response and sent it out. In fact, the postal service has returned the receipt to me showing that you or someone in your office has already signed for the letter.

As per my letter, this call is harassment. I have nothing further to say concerning this matter via telephone, though, as noted in my letter to you I will be glad to work with you to resolve this matter in writing.

Good day. ( hang up )

Some final notes on these scripts:

Each time they call, be sure to note their name, the date, and the time.

Put them all on a single sheet of paper in order so that you can casually note who last spoke with you and when.

The purpose of this phone script is to show them that you aren't an easy mark and to force them to stop calling you.

The below is the letter I use for my initial written contact with a debt collector. It basically tells them to prove that they have an interest in the matter or shut up and go away.

(centered at the top)
Your name
Your address
The Date
Certified Mail # _____________________
(aligned left)
To: Debt Collector Name
Debt Collector Address

Re: Your letter ( dated [date] OR concerning [title/concern]

Greetings,

I have just gotten your above referenced letter and am unsure of who you are or how it is that you claim to have any right to speak with me on any matters concerning the alleged creditor. Without evidence that you are party to any contracts between me and the alleged creditor, evidence that the alleged creditor has contracted with you to collect an alleged debt from me, or evidence that I am in debt to you, I have no obligation to speak to you concerning your allegations.

Should you be so kind as to provide verified evidence of your right to speak with me concerning the alleged creditor and/or alleged debt, I will be happy to speak with you on such matters. Please send me complete, verified copies of any and all contracts showing your relationship with either myself or the alleged creditor sworn true, correct, and complete on your full commercial liability.

If you feel that I am being unreasonable in this matter, please provide me with any and all reasonable objections in writing within thirty days of your receipt of this letter.

I do not agree to discuss this matter via telephone as I want to keep complete records of all correspondence. Do not call me again.

Calling me after receipt of this letter shall constitute your tacit agreement that you are harassing me.

Failing to respond to me in writing within thirty days shall constitute your tacit agreement that this matter is closed and you are barred from pursuing it further.

Be well,
__________________________
( Your Name Here )

The following letter is a response designed to let a debt collector know that their letter in response to your request to prove that they have a valid reason to be contacting you about a debt is in fact not responsive as the debt collector did not provide proof that they have contracted with the purported creditor or purchased the debt.

(centered at top)

Your Name Your Address The Date Certified Mail # (left aligned) To: Collector Name Collector Address

Re: Your letter ( dated [date] OR concerning [title/concern]

(centered)
NOTICE OF NON-RESPONSIVE ANSWER

Greetings,

I am in receipt of your above referenced letter and am sending this in good faith to make sure you understand that your letter was non-responsive. A responsive answer will contain a verified copy of any and all contracts between you and the alleged creditor which concern any contract between myself and the alleged contract.

You have X days left to provide a responsive answer or tacitly agree that you have no right to speak with me on any matter concerning the alleged creditor.

I do not agree to correspond with you concerning this matter via telephone as I am keeping a full, written record of what is being stated. As noted previously, phone calls on this matter shall constitute your tacit agreement that you are harassing me.

Do not call me.

Best wishes,
_ _ _ _ _ _ _ _ _ _ _(signature line)
(your name)

This letter is for responding to a responsive letter from a debt collector which actually provides verified proof that the collector has contracted to collect the alleged debt from the alleged creditor or purchased the debt outright.

(centered at top)

your name
your address
date
certified mail #
to: Collectors name
Collectors address

(centered)NOTICE AND DEMAND

Re: Your correspondence (dated x OR titled y)

Greetings,

I have received your above referenced letter and thank you for proving your interest in this matter. It is not now and never has been my attention to avoid paying and debt that I lawfully owe. However, I must give you notice that

1. Your claim is disputed; and
2. I do not now and never have intended to avoid the payment of any debt lawfully owed; and
3. Upon receipt of this letter, you must stop all collection activity concerning the alleged account/debt until you have sent the requested verification (FDCPA: 15 USC 1692); and
4. Verification is “a formal declaration made in the presence of an authorized officer, such as a notary public, or (in some jurisdictions) under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document” (Blacks Law Dictionary, deluxe eighth edition)

Acceptable verification of the debt shall consist of verified copies of any judgment against me, verified copies of the original, valid, contract signed by both me and an agent of the original creditor, a verified, full accounting of the alleged debt, and a verified copy of any instrument(s) used to provide the credit creating the alleged debt. All should be stated as true, correct, and complete, sworn upon your full commercial liability.

Copies of invoices, statements, bills, summaries, agreements, and such do not constitute validation of the alleged debt and sending such to me without also providing me with validation of the alleged debt is non responsive.

I also hereby give you notice that failure to respond by providing the requested validation within thirty days shall constitute your agreement that you have no lawful, bona fide, verifiable claim against me concerning the account in question.

Once I have received validation of the alleged debt I will gladly review it and discuss how we might come to an agreement concerning it.

I must demand that no contact via telephone be made with me concerning this matter as I am keeping a full record of our correspondence. Calling me by telephone shall constitute your tacit agreement that you are harassing me. Do not call me.

Best wishes,
_ _ _ your sig _ _ _
your name

Notes:

Unless the debt collector is actually a living, breathing man or woman whom you have signed a contract, they should go away at this point if they have not already.