Stop Collection Calls!
Apr 27, 2023
A debt collector’s job is to collect money owed on outstanding accounts by sending collection letters and making collection calls. Unfortunately, they don’t care if you lost your job or are suffering from an illness. Debt collectors can be relentless and will contact you until payment is made. It is important to know there are laws to protect you from your creditors that you can use to stop collection calls. However, just stopping the collection calls will not improve your financial situation and could make it worse. Let’s discuss how to stop collection calls and debt relief options that can also help improve your financial situation.
Cease & Desist Stops Collection Calls
Many people are unaware of the laws that protect you from your creditors, such as the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA) and the Wisconsin Consumer Act. According to the Fair Debt Collection Practices Act (FDCPA) you have the right to stop a debt collector from contacting you. You can send a cease-and-desist letter to stop communication. Make sure to send the letter by certified mail with return receipt and keep a copy of the letter for your records. This will stop communication from the debt collectors, but it does not get rid of your debt. In fact, ignoring or avoiding debt collectors may cause them to use more aggressive methods. Often this includes filing a lawsuit against you to obtain a money judgment used to garnish your wages, which can be up to 20% of your gross income. If you are struggling financially, a wage garnishment will only worsen your situation. There are better ways to stop collection calls and handle your debt at the same time.
Section 128 Stops Collection Calls
Filing a Section 128 can stop collection calls, wage garnishments, and manages your debt. A Wisconsin Section 128.21 is a debt consolidation program through the State of Wisconsin Circuit Court. It allows you to choose what debts you want in the repayment plan and forces creditors to accept smaller payments over an extended period and stop interest. A trustee receives and distributes payments to your creditors who get paid back 100% over a 36-month period at 0% interest. By court order, creditors listed in the Section 128 are no longer allowed to harass you for payment or garnish your wages, offering you better protection than debt management plans. A Wisconsin Section 128 is a great way to stop collection calls, manage a lower amount of debt, and avoid bankruptcy.
Bankruptcy Stops Collection Calls
Filing Bankruptcy can stop collection calls, wage garnishments, and eliminate your debts. The automatic stay is an order put in place by the federal court to protect you from your creditors once your bankruptcy is filed. In a Chapter 7 Bankruptcy the court wipes out your unsecured debts, collection bills, credit cards, medical bills, payday loans and other non-collateral debts. For secured debts, such as auto loans and home mortgages, the bankruptcy court lets you choose if you would like to keep the asset and keep the loan or surrender the asset and no longer be responsible for the loan. A Chapter 7 Bankruptcy is a great way to stop collection calls, eliminate a large amount of debt, and get a fresh start.
Depending on your situation a Section 128 or a Chapter 7 Bankruptcy could be a better way to stop collection calls and help you get out of debt. At Pedersen Law Office, LLC we understand how stressful being in debt can be; that is why we offer free consultations. We will discuss your circumstances and goals to help figure out what debt relief option is best for you and help you through the entire process. Our law office serves the communities of Appleton, Neenah, Menasha, Oshkosh, Green Bay and their surrounding areas.