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    Categories: Credit

Can Debt Collectors Call on Holidays?

Holidays are meant to be happy and relaxing times spent with your family and friends. But what was meant to be a fun time away from all the stress can easily be ruined if debt collectors are calling you nonstop. The million-dollar question now is, can debt collectors call on holidays in the first place?

The sad news is that there are no specific regulations put in place that deems it illegal for debt collectors to call on holidays. But some regulations ban debt collectors to call at unusual or inconvenient times including holidays.

Will Holidays Keep You Safe from Debt Collection Calls?

Even if there are technically no certain prohibitions on debt collection calls during holidays, it might fall under the category that is not allowed by the Fair Debt Collection Practices Act or FDCPA.

According to the FDCPA, debt collectors are not allowed to communicate with consumers during unusual times or places or at places or times that should have been known or known to be inconvenient on the part of consumers.

Since the majority of public holidays are public knowledge already, generally speaking, you can expect that debt collectors won’t contact or call you during these times. However, it is important to remember that different localities, states, or countries, also implement different holidays and might not acknowledge the same holidays.

It is less likely for debt collectors to call you during major holidays including Christmas Eve as well as New Year’s Day compared to the smaller holidays like Ash Wednesday, for example.

How to Stop Debt Collection Calls from Ruining Your Holidays

If your debt collectors call you and you are concerned that they will also do so even during holidays, the following are some things you can do to ensure that it doesn’t happen.

  • Request the collectors to stop.

Consumers, as stated by the FDCPA, have rights and one of these is that your debt collectors shouldn’t call you if you already sent a letter to them that asks them to stop doing so. Although you still have the obligation on your owed debt, they must obey your request to stop calling you.

This request should be done in writing and not just over the phone. You also need to keep a copy of the letter you sent for record purposes. The letter should also be sent through certified mail so that you will know once the debt collector receives it.

  • Create a payment plan.

If your financial stress is already too much for you to handle and you no longer want your debt collector to add more to it, you might want to negotiate with the creditor to create a repayment plan. When you do so, you can be sure that things will all be outlined in writing.

If your debt is not yet turned over to collections, the credit may be willing to work out things with you. Sometimes, creditors may lower interest rates, waive fees, or cut down the total amount due if it means they will still be able to collect a part of your debt.

  • Seek legal advice.

Finally, if your debt collector still calls you despite your request that they stop doing so, or worse, you know you don’t owe any debt at all, it might be time to seek legal help. Your lawyer can inform you of your rights and the steps you can take next to address the issue.

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Jonathan Restrepo: Jonathan Restrepo writes about consumer credit for Creditmergency. He's passionate about helping others achieve financial freedom, so he dedicates his free time to learn about personal finance. His work has appeared in The New York Times, Washington Post, Los Angeles Times, MarketWatch, USA Today and MSN Money, and on the Associated Press wire.
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