How do I get a collection agency to stop harrasing me after paying the ballance in full?
Phoenix, AZ |
I'va paid the ballance, called the collection agency and faxed CC statements as proof of payment to both collection agency & debtor yet still recieve letters threatening my credit if I don't pay again.
You shoud send letters, certified mail return receipt, to both the collection agency and to the original creditor with proof of payment. You should also request both parties to stop contacting you. If the collection agency continues to communicate with you, you will have a claim under the Fair Debt Collection Practices Act. The FDCPA has been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. A debt collector who fails to comply with any provision of the FDCPA is responsible for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs.
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There is some magic language you can tell third party collectors so they will stop collecting. Send them a letter with proof you paid and say "I refuse to pay this debt."
Send it by both certified and regular mail. If they keep going, you have more rights under the Federal Debt Collections Practices Act.
If this does not stop, you may need an attorney.
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Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.
Sorry about the luck that you are having with the collection agency. Sounds like you have attempted to prove to them that you have paid your balance. You may next want to send them a letter via regular mail and certified mail with the proof that you have paid the debt that they claim that you still owe. If a certified letter doesn't do the job, there are other rights that you have under the Federal Debt Collections Practices Act (FDCPA) which the collection agency must abide by and an act that protects everyone from unfair collections..
If collection action still persists, you may want to hire an attorney to contact the collection agency. Just don't pay a bill again that you have already paid.