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Marc, Attorney at Law
Category: Legal
Satisfied Customers: 352
Experience:  Experienced Attorney
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I'm currently being called nonstop by some creditors on a

Customer Question

Hi Pearl! My name is ***** ***** I'm currently being called nonstop by some creditors on a payday loan I took out in the past.
JA: What state are you in? It matters because laws vary by location.
Customer: I live in NJ
JA: Has anything been filed or reported?
Customer: what do you mean, filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, that's fine
Submitted: 12 months ago.
Category: Legal
Expert:  Marc replied 12 months ago.

Hi Jennifer. My name is Marc. I am a licensed attorney and I will be happy to assist you today.

I can imagine how annoying it is to receive so many call. As a resident of NJ, you are protected under the FDCPA, the federal law that protects consumers from illegal collection practices, including repeated phone calls at unusual or inconvenient times.

Collection agencies are infamous for violating the rules against constant and aggressive phone calls. But there are steps you can take to stop the calls altogether. Specifically, you can submit a cease-and-desist letter, sent by certified mail, to the collection agency advising them that they may not contact you.

When the collection agency receives the certified letter, it can’t contact you except for two reasons: First, to let you know it received the letter and won’t be contacting you again and second, to let you know it intends to take a specific action against you, such as filing a lawsuit.

Sending a certified letter to the collection agency doesn’t mean you no longer owe the money, it simply means that the collection agency will have to take another route to get paid. Be careful, though, because that other route might be to sue you.

And keep in mind that, if the collector does contact you after receiving the letter, you can sue the collector for violation of the FDCPA!

I hope you're able to resolve this in your favor soon. And I hope my answer helps you to better understand your issues and options. If so, please be sure to rate my answer, since that is the only way I can receive credit.

Best of luck,