Post Info TOPIC: harrassing phone calls
Tom1982

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harrassing phone calls
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i just recieved a call from a collector saying that if i don't send in a payment they will make sure my home gets foreclosed on.  can they do this????



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Anonymous

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Unless the creditor you were speaking with was your mortgage company, or it's servicing agent, what you experienced was a classic case of creditor harassment.  Only your mortgage holder can begin foreclosure proceedings, so if it was anyone else you spoke with, they were just trying to intimidate you. 

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Anonymous

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so what do i do, ignore it?

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Moderator

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Ignoring the problem won't make it go away.  The first thing to do is learn more about your rights regarding collection practices.  A good place to start would be learning about the Fair Debt Collection Practices Act.  It is a compilation of laws governing what collectors can and can not do when attempting to collect on a debt.  You can get a copy at www.ftc.gov   The next thing to do is formulate a plan to satisfy the debt.  This can include working out a repayment plan with the creditor, negotiating an agreeable settlement, or bankruptcy.  Take an honest look at your finances and determine how much you can afford to pay before you make any commitments.  If you need free assistance call 1-866-726-2122.

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Newbie

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are there companies that can do this for you? i am in a similar situation, where i'm behind. i don't want to lose my home, but my creditor won't listen to me either.

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Newbie

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I have the same question. Are there companies that can help me. I am just so tired. It just seems like no matter what I say or do that I am constantly being harassed. I am getting calls day and night. At my job, on my cell phone and at home. I have a one year old son and it seems like he never night gets a good night sleep because he is being disturbed by the phone calls. I am just ready for something to change.  At this point I am ready for my phone to be disconnected but I know I need my phone for emergencies.

-- Edited by bigdaddyg at 22:36, 2008-11-12

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The best way to get creditor calls to stop is simple, deal with the debt issue.  Creditor harassment is a real issue, and is illegal, but most people only complain instead of doing anything.  It's not illegal for them to call you every hour if they aren't making contact with you.  The best course of action is action itself.  Do something, if you can't work out a payment plan that fits your budget get professional help.  If your debt is mortgage related contact HUD for a list of certified mortgage counselors.  If your debt is unsecured, contact debt settlement companies or bankruptcy attorneys.  Just be sure and do your research.

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In some states, a creditor can file suit to garnish wages or place a lien on your property to pay a debt you owe.  Creditors usually prefer to garnish your wages.

-- Edited by Debt Settlement at 16:56, 2008-12-18

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Newbie

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Yes, there are companies that can help.  Some companies send a Limited Power of Attorney to inform your creditors that youve been enrolled in a debt settlement program. The Limited Power of Attorney contains a cease and desist order to all direct verbal contact to the debt settlement company.    90% of creditors abide by the power of attorney, however any first party creditor has the right by law to contact to collect a debt.  If the creditor doesnt abide by the power of attorney, it is strongly advised that you dont communicate with the creditor once you are enrolled in a program.  If you communicate with the creditor, it voids the power of attorney and the company will not be able to negotiate on your behalf.  Third Party collection Agencies on the other hand, must abide the Limited Power of Attorney.

Normally, it takes 2-4 weeks for a creditor to process the Limited Power Of Attorney in their system.  The calls will not stop immediately.

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