The answer to this question is based on whether the Collector has sent you documentation to validate the debt or not.
Collection Calls when debt has not been validated: Once a Collection Firm has received a Validation of Debt Letter, they must stop all collection activity until they validate the debt. If you are receiving collection calls after sending a Validation of Debt Letter and you have proof* that the Collector has received your letter and you haven’t received validation back yet – the Collector may be in violation of the Fair Debt Collection Practices Act**.
If you think your rights have been violated, you can speak with an Attorney in your area to pursue this matter further. UGotiate has access to a network of Attorneys in many states. Should you be interested, you can speak with a UGotiate representative at 1-800-215-2706.
Collection calls after the debt has been validated: Once a creditor validates the debt, they are allowed to actively collect on the debt again. This means that they will start calling you again. They can also send you collection letters.
Since at this stage, it is the creditor’s right to call to attempt to collect on the debt, there is not much you can do about the phone calls. But, you can decide how you want to handle the calls. Some people find it beneficial to allow calls to go to their voicemail. Other people change their phone number. If you choose to answer collection calls, you may want to follow the Suggested Phone Call Scripts
*All Validation of Debt Letters should be sent by certified mail with a return receipt so that you can prove when the Collector received your letter. When sent this way, the Collection Firm must sign for your letter and then you will receive a receipt showing who signed for it and when. If you sent a Validation of Debt Letter by regular mail or without tracking, there is no way to prove that the Collector received your letter. You may want to resend the letter by certified mail with a return receipt as soon as possible.
**UGotiate is not a law firm and does not provide legal advice. All information is for general information only. It is recommended that you speak with an Attorney licensed in your state if you feel your rights have been violated.