In 2016, after the entry into force of Federal Law No. 230-FZ of July 3, 2016 “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts,” debtors, their colleagues and relatives had a new way to get rid of annoying calls from debt collectors. Now you can refuse to interact with collectors. Especially for readers of the site, we tell you how to write a statement of refusal to cooperate with a collection agency and officially prohibit collectors from calling about a credit debt.

I'm a debtor, I don't want to be called

Let's make a reservation right away: calls from collectors are not prohibited by law. Article 5 230-FZ states that the bank (creditor) itself, and the new creditor to whom the loan debt was sold under an assignment of claims, and representatives of the creditor - persons acting on his behalf or in his interests. But there is a caveat: to communicate with the debtor, the creditor’s representatives must be either a credit institution (bank) or professional collectors included in a special register. It is prohibited to involve non-professionals, and especially those with criminal records, in working with debtors.

The bank and collectors can interact with the debtor in 3 main “standard” ways:

• directly - meet in person, call;
• send letters by mail;
• send telegrams, SMS, text, voice and other messages via mobile communications, via the Internet.

If the bank wants to interact with you in some other, non-standard way, it must indicate this in written agreement with you. You can refuse to comply with this agreement any time, without any restrictions. It is enough to write a special application to the bank. This application can be delivered personally against signature, sent by registered mail with notification, or submitted through a notary. With phone calls and other standard methods of interaction, everything is more complicated.

By the way, if you wish, you can also file a lawsuit against the bank and the offending collectors and demand compensation for moral damages and compensation for all losses.

There is a second option. On the official website of the Bank of Russia, we found the opportunity to file a complaint about the exclusion of an individual’s phone number from the auto-dial database. You can try sending a complaint to the Central Bank through the online reception (topic Banking products/services, Consumer lending product, topic Excluding an individual’s phone number from the auto-dial database). If you manage to stop calls this way, please share your experience in the comments to this article.

In one region, collectors come home and set it on fire. In another, a child was burned with acid. Many remembered the nineties of the last century. How to get rid of debt collectors legally? Let's try to figure it out in this article.

Who are collectors?

Collectors are agencies involved in pre-trial debt collection. Many people mistakenly believe that the actions of such institutions are illegal, that they do not have the right to engage in any activity without the consent of the borrower. This is wrong. The Civil Code provides for the transfer of credit claims to third parties. This can be done without the borrower's consent. An agreement to assign claims is called an assignment.

Why do banks give debt to collectors?

Before you get rid of sewers, you need to understand where they came from. Banks and credit institutions rarely collect debt themselves. This happens for several reasons:

• Lack of staff for pre-trial collection. That's why collectors call us, and not the bank employees from whom the loan was taken.
• Preserving reputation. Collection is accompanied by actions that often go beyond the law: employees carelessly said the wrong thing, called at the wrong time, did not introduce themselves properly, etc. A third-party company is another matter. It creates a reputation among credit institutions. Consequently, a negative assessment in society does not affect her income.

For these reasons, banks enter into assignment agreements. The conditions in each specific case are individual. In most cases, collection agencies buy debts in bulk, in batches, paying 10-15% of the value of the debt for them. It is more important for banks to get rid of unnecessary liabilities than to bargain with collectors, since the volume of overdue debts worsens their rating in the eyes of the Central Bank.

What does a borrower need to know about an assignment agreement?

It is important to know that the borrower himself cannot influence the assignment agreement. This means that such a concession is completely legal. How to get rid of collectors in this case? The fact is that the borrower must be notified that the lender has changed. According to the civil code, this is the responsibility of the credit institution that issued the loan. In other words, if your debt was transferred to a third party, then the bank, and not the collectors, is obliged to notify you about this. In practice this rarely happens. Banks sell loans, especially small ones, in bulk. Consequently, they rarely follow the letter of the Law and warn the borrower properly. How to get rid of collectors in this case? It is enough to declare officially, in writing, to the agency that demands repayment of the debt that their demands are illegal, citing the fact of ignorance.

The main argument is violation of notification

Anyone can call and demand any debts. It is therefore important that the borrower is formally and properly warned. The main mistake of citizens is that they try to please the collectors and begin to explain something to them, thinking that at the other end of the line there is an understanding and kind person who is able to put themselves in the position of the borrower. This is wrong. The collector's goal is to extract as much money from you as possible. They are not interested in what difficult financial situation the borrower finds himself in, how many children he has, whether he is sick, etc. Therefore, if possible, you need to talk to them as privately as possible, referring to various laws and codes. After the borrower submits an official statement to the collection agency, you need to hold out for 30 days. This is exactly how much time the organization has to agree on all the documents and make a decision. The appeal must indicate the illegality of the actions, since no one properly warned the borrower about the assignment agreement. Remember that the collectors themselves do not provide such information over the phone, no matter how convincingly they claim it.

The best way is to contact the prosecutor's office

If after a month you have not received any notifications or responses from the agency, but collectors are still calling, then you can safely contact the prosecutor’s office. It is advisable to attach copies of the requests to the application, as well as notifications of their receipt by the collection agency. However, the lack of evidence is not at all an obstacle to filing a complaint with the prosecutor's office. In this case, law enforcement agencies will request all necessary documents from the organization. The main thing is to state the essence of the problem in the complaint in as much detail as possible.

We analyzed the problem that the debtor himself had. But how can you get rid of debt collectors forever if a citizen has not taken out any loans? More on this below.

I didn’t take out a loan, but there were problems with collectors

Calls and threats to citizens who have never taken out loans are a common occurrence in our country. There are different situations: they call relatives, neighbors, ex-spouses, employers with demands to influence the debtor. Particularly egregious precedents arise when collectors demand to repay the debt of other citizens from those who have nothing to do with these same debts. Sometimes it comes to threats and physical violence. So, let’s look at how to get rid of calls from collectors to those citizens who are not involved in the borrower’s debts.

Free legal advice:

We defend ourselves legally

The legislation provides for various cases in this regard, depending on the situation:

• If a citizen who has not taken out a loan is simply pestered with annoying phone calls, then you can submit an application to the prosecutor’s office under Art. 13.11 Code of Administrative Offenses – violation of the legislation on personal data.
• The actions of collectors can be qualified as petty hooliganism (Article 20.1 of the Administrative Code). To do this, you need to call the police and demand that a report be drawn up. Law enforcement officers will not be very happy about this, because they already have a lot of work to do. Therefore, you should not expect happy faces. However, it is still necessary to demand the drawing up of a protocol and to defend your rights.
• It is advisable to install an automatic voice recorder on your phone. This will allow you to have evidence. Collectors are on duty, therefore, recording a conversation with them on a voice recorder does not violate the law. If during a conversation, and this happens often, a citizen begins to be insulted, then this falls under Article 5.61 of the Code of Administrative Offences.
• The collectors' demand can be qualified as extortion. This is a very serious violation that receives the status of a crime and is regulated by the criminal code (Article 163 of the Criminal Code).

It is illegal to call relatives

It is important to know that the interaction of creditors with third parties is illegal, despite the fact that debtors leave additional phone numbers of friends, relatives, and acquaintances. This is done with the aim of checking the debtor, and not in order to demand a debt from relatives in case of non-payment. Now we know how to get rid of debt collectors legally. Recent media uproar has prompted the emergence of a new Law. Let's look at it in more detail.

New Law on Collectors

So, how to get rid of calls from debt collectors? And not only from them. How to completely protect yourself from illegal actions? There is only one answer – by increasing legal literacy. Collectors, as a rule, find people who are illiterate in the field of law. This is what they use. Let's list the required minimum to understand how to get rid of debt collector threats:

1. The debtor has the right to call no more than twice a week. Time is also limited. Calls can be made between 8am and 10pm on weekdays. On weekends - between 9 and 20 hours.
2. Third parties must not be affected. Therefore, any conversation with relatives or friends must be stopped immediately through the prosecutor’s office.
3. Whenever contacting someone, the collector must introduce himself and name his company.
4. You can only meet the debtor in person once. And this is provided that the borrower gives his consent to this.
5. Any violence by debt collectors against debtors is prohibited. Although this point only causes misunderstanding among professional lawyers. Why was it even included in the new law on collectors? After all, even without it, any violence is considered a criminal punishment. But, apparently, legislators want to toughen the punishment for debt collectors who commit violence, for which ordinary citizens are entitled to a shorter sentence.

Now we know how to get rid of calls from collectors, as well as personal meetings. It is enough to simply contact the prosecutor’s office if one of the five above requirements is violated.

What you need to know about the actions of collectors

Citizens need to know the minimum rights in order to protect themselves and their loved ones from unlawful actions:

Free legal advice:

1. Collectors do not have the right to seize any items. This can only be done by bailiffs by court order.
2. Collectors have no right to invade private homes. This right is also given either by the court or the prosecutor's office. Such permissions are given to government services. And then, for this there must be very weighty arguments.
3. The bank loan agreement may not contain a clause that allows you to assign ownership rights to third parties. This is rare, because banks must include it in the contract. However, such cases still occur.

Results

So, we explained how to get rid of debt collectors over the phone and protect yourself and your loved ones from their illegal actions. We hope that the information provided will help in a difficult life situation.

Refusal from debt collectors. Application form.

Since 2017, thanks to the law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts,” debtors have the opportunity to completely refuse to communicate with debt collectors. To do this, you just need to prepare a statement of refusal to interact with debt collectors. So, below is an application form for refusing debt collectors.

Years may pass since the debt arose, but this fact means nothing to collectors. They will continue to call the debtor, they will try to convince him to repay the debt. Even the expiration of the statute of limitations will not stop them. For more details, read the article “Collectors are demanding debt even though the statute of limitations has expired?”

However, today citizens have the opportunity to stop annoying communication. According to the law, which came into force on January 1, 2017, a waiver from debt collectors can be prepared 4 months after the debt has become overdue. An application for refusal to interact with debt collectors must be sent through a notary, or by registered mail with acknowledgment of delivery. Having received such a statement, collectors will no longer be able to call or meet with the debtor. Read here, what will happen to debtors in 2017?

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The order of the Federal Bailiff Service to approve the application form appeared on the department’s website at the end of December 2016. By filling out the form, the borrower can either refuse to interact with debt collectors altogether, or interact only through a specified representative. Just in case, here is the application form for both cases.

Refusal to interact with collectors. Sample.

Disclaimer

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Applicant's email address (if available) __________________________

When taking actions aimed at returning overdue debts,

Free legal advice:

I inform you of your refusal to interact with me through personal meetings, telephone conversations (direct interaction), telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

As you can see, everything is quite simple. The applicant only needs to provide some information about himself, the date of compilation, and also sign.

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The second document is intended for those who wish to interact through the specified representative. Here, in addition to his own data, the applicant must also indicate the data of his representative. It is with this representative that the collectors will further interact on the issue of debt repayment.

(indicate the name (for a legal entity), surname, first name and patronymic (if any) (for an individual) of the creditor and (or) person acting on his behalf and (or) in his interests)

Statement on interaction only through the specified representative

(last name, first name and patronymic (if available))

Identity document of the applicant:

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series _____ number _________________ issued “__” _________ _____ year

Applicant's residential address

(phone numbers with area codes are indicated)

Applicant's email address (if available)

I ask that when taking actions aimed at returning overdue debt,

(number and date of the document confirming the occurrence of debt)

interact with me through personal meetings, telephone conversations (direct interaction), telegraph messages, text, voice and other messages transmitted over telecommunication networks,

including mobile radiotelephone communications, through my representative _______________________________________________________________________

(last name, first name, patronymic (last - if available))

(phone numbers with area codes are indicated)

Representative email address _____________________________________

Free legal advice:

Representative's mailing address _____________________________________________________

The application was drawn up “__” _________ ____.

(last name, first name and patronymic (if any) of the applicant)

If the debtor refuses to cooperate with debt collectors, then they have only one way to achieve repayment of the debt - to go to court. After the decision is made, the bailiffs will deal with the debtor.

When communicating with collectors, remember that only those agencies that have been included in the state register can interact with the debtor. You can view it on the website of the Federal Bailiff Service. As of March 2, 2017, there were only 80 members on the registry.

Free legal advice:

It is expected that there will not be a large influx of participants in the register, since applicants must meet a number of conditions. One of them concerns the size of the collection company’s net assets, which must be at least 10 million rubles.

Read also:

comments to the article “Refusal of debt collectors. Application form."

Hurray, let's send the collectors to rest, let them no longer worry about debtors

The yoke of the collectors has been thrown off

Write an application for refusal and if anything complain to the FSSP, everything will be fine

The ubiquitous collectors will still find a way to get the debtor. Or do you think they will actually go to court? Ha

Free legal advice:

Please write about the collectors who didn’t care about the law, what should we do with them? It is obvious to them that this is a statement of refusal for one place

They smeared the whole wall in the entrance again, they can even scratch a stake on their head

The mentality needs to be changed so that people respect other people's property, the right to privacy, and space. My home is my castle

Abroad, there are collectors like tax advisers, but here we associate them with beaters

I wrote a statement and they still called.

Free legal advice:

Complaint to the FSSP, Roskomnadzor

I wonder how to write this statement in my specific case, when the CA demands from me an allegedly overdue (really non-existent) debt, but at the same time persistently does not provide me with documents confirming its existence? Indeed, in this statement I must refer to a document confirming the existence of an overdue debt...

Request for debt collectors to stop illegal claims for debt repayment

On the termination of illegal claims for debt repayment

In 2011, calls began to my personal phone from representatives of your organization demanding that I repay some debt to the bank that I allegedly had. During calls from your employees, I receive threats to confiscate my property and to force a survey of my property status. Employees of your organization call my relatives at my place of work and disseminate confidential information about me, my financial status, and insult me ​​in front of my relatives and colleagues.

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I do not know about the existence of debts to Rusdolgnadzor-Stolitsa LLC and the grounds for the claims of the employees of your organization are unclear.

In accordance with Art. 385 of the Civil Code of the Russian Federation “The debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of the claim to this person.”

In accordance with Part 2 of Art. 385 of the Civil Code of the Russian Federation, a creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right of claim. In accordance with Art. 389 of the Civil Code of the Russian Federation, the assignment of a claim based on a transaction made in simple written or notarial form must be made in appropriate written form.

Based on the above, in order to establish the legality of the right of claim, I propose to submit the following documents to me by January 1, 2016:

1. A copy of the constituent documents of Rusdolgnadzor-Stolitsa LLC, certified in accordance with the legislation of the Russian Federation.

Free legal advice:

2. A power of attorney issued to an employee of Rusdolgnadzor-Stolitsa LLC, authorized to negotiate with me and process my personal data, or a certified copy of the order for the employment of this employee.

3. A copy of the loan agreement, certified in accordance with the legislation of the Russian Federation, which is supposedly the basis for my debt.

4. A copy of the assignment agreement certified in accordance with the legislation of the Russian Federation or a copy of the agency agreement.

5. The act of acceptance and transfer of debt under an assignment agreement or under an agency agreement.

6. A certified copy of the Roskomnadzor license to process my personal data.

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7. A certified copy of the cash flow in my account

8. Calculation of debt amounts.

9. Primary documents justifying the occurrence of my debt.

This request for documents and information does not constitute consent to the processing of my personal data, nor does it constitute consent to the requirements presented by Rusdolgnadzor-Stolitsa LLC.

In case of failure to provide the above documents, I reserve the right to contact the law enforcement agencies of the Russian Federation with a statement about the commission of actions against me, provided for in Art. 163 of the Criminal Code of the Russian Federation.

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The case of determining the order of communication with a child

My ex-wife categorically forbade me to see my son. Despite the fact that I paid alimony voluntarily, regularly and very large. I no longer had the strength to argue with her, I had to go to court to at least get the right to see the child.

The case of collection of loans by debt collectors

I was in danger of becoming homeless - because my son took out several loans and stopped paying them, the bank could take away our apartment. Moreover, collectors have become a habit, but in reality they are highway bandits! And the phones were cut off, and nasty things were written on the walls in the entrance.

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Letter to collectors to stop calling

Good day! I have no relationship with the codeite or the borrower, the number turned out to be from a previous job in the debtor’s phone book, the calls are not threatening, but the tone is very annoying. Please shed some light on how to answer them, there are more than 5 calls a day, also just ringing and silence.

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Lawyers' answers (2)

Hello, Elya. Find out the postal address of the collection organization and the creditor and send them letters prohibiting the processing and use of personal data. Indicate that you are not the debtor, you did not give consent to the transfer and use of the telephone number, and you prohibit calls. Warn that claiming a non-existent debt is extortion. Send a valuable letter with a notification and a list of attachments

Keep a copy of the letters you send and proof of sending (inventory of attachments, receipts for sending), if calls and other interactions do not stop, send a complaint to the FSSP (they have been monitoring collection agencies since 2017) and the prosecutor's office.

In addition, if during one of the calls you find out that they are calling you on behalf of the Bank, write a statement at the bank’s office to stop the calls.

You can also “Google” on the Internet what kind of organization it is by phone number

When submitting applications, please attach a copy of the agreement with the operator (mobile or landline), confirming that the number to which you are being called belongs to you.

Looking for an answer?

It's easier to ask a lawyer!

Ask our lawyers a question - it’s much faster than looking for a solution.

Samples of statements of claim and claims

DEMAND (CLAIM) TO STOP VIOLATING THE LAW

ABOUT PERSONAL DATA

On such and such a date, a loan agreement No. was concluded between me (full name) and the bank

According to the clauses of the Loan Agreement, you give yourself the right to process my personal data and use it at your own discretion. In the application form and the contract, I indicated the telephone numbers to which I gave permission to call.

However, the bank, in violation of Federal Law No. 152 “On Personal Data,” illegally makes calls to someone else’s phone regarding my loan, and discloses personal information related to bank secrecy.

I consider this procedure for processing and using my personal data to be illegal for the following reasons.

According to paragraph 1 of Art. 3 of the Federal Law “On Personal Data”, personal data is any information relating to a directly or indirectly identified or identifiable individual (subject of personal data).

Based on the above rule, the data about me that you collect when concluding a contract is personal data.

In accordance with paragraph 2 of Art. 3 of the Federal Law “On Personal Data”, an operator is a state body, municipal body, legal entity or individual who, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data subject to processing, actions (operations) performed with personal data.

In this regard, you, as a Bank that collects information about its potential and current Clients, meet the requirements of the concept of “operator” contained in the Federal Law “On Personal Data”.

In turn, Art. 7 of the Federal Law “On Personal Data” states that operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

You disclosed my personal data to third parties without my consent and also violated bank secrecy.

I also inform you that the conditions specified by you in the standard loan agreement regarding your right to process my personal data do not legally constitute such consent.

Based on the aforesaid and guided by Article. 7 Federal Law “On Personal Data”,

1. Consider this claim as a ban on your use of phone number No. so-and-so, since this phone number is not mine and the bank is using it to unlawfully disseminate information about me and reveal bank secrecy. personal data for any purpose not directly related to the issuance of a loan and a prohibition on transferring such data to third parties.
2. Since you unilaterally violated the procedure for processing my personal data and disseminated information about the loan and the debts incurred to an indefinite circle of people, discrediting my honor and business reputation, recognize the conditions contained in such and such clauses of the Loan Agreement No. dated ___ year as invalid.
3. Consider this claim as an opportunity to resolve the conflict out of court.

1. Copy of Loan Agreement No. __________ dated ___________.

2. A copy of the Payment Schedule under the Loan Agreement No. __________ dated ___________.

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What to do if collectors call?

Collectors with their endless phone calls haunt not only debtors, their friends, relatives and employers. Quite often, their telephone database contains “foreign” numbers belonging to people or organizations who have “never heard of” the debtor. So what should you do if debt collectors call about someone else’s loan? If calls from collectors haunt you, and requests on the phone “don’t call again!” they are not affected, and calls continue to arrive with some regularity?!

Law on collectors

Until recently, there was no universal legal mechanism to stop endless calls from debt collectors. But on January 1, 2017, the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” dated 07/03/2016 N 230-FZ came into force, commonly called the “Collectors Law”.

The law quite clearly regulates the procedure for collecting overdue debts of citizens to Banks and microfinance organizations (MFOs) not related to business activities. From now on, creditors have the right to collect debts on their own, or to engage no more than one collection agency for this purpose. Previously, it often happened that several collection agencies were involved in “knocking out” the debt.

Do debt collectors now have the right to call the debtor?

In accordance with the law, collectors or bank representatives can call:

• on weekdays from 8 00 to;
• on weekends from 9 00 to;
• no more than once a day, 2 times a week, 8 times a month.

Collectors have the right to send SMS messages no more often:

Do debt collectors have the right to call work or relatives?

If you provided the contact information of friends, relatives or an employer in the application form when receiving a loan, then collectors or employees of the collection department of a bank or microfinance organization may start calling them when the loan is overdue. Is this legal?

From January 1, 2017, collectors have the right to call third parties (family members, friends, relatives, neighbors, work) only if you gave your consent when receiving a loan or loan. But even if such consent has taken place (when a person needs money, he often signs everything “without looking”), you have the right to revoke it by sending a written response (refusal) to the creditor by registered mail with acknowledgment of receipt.

In addition, a person who is being bothered by debt collectors for someone else’s debts can also send his disagreement to interact with them by registered mail with acknowledgment of receipt. This letter is written in any form, you can fill it out on our website in the “Online registration of documents” section. After receiving this letter, the creditor must stop calling the third party.

Collectors still call. Where to complain?

Unfortunately, the law on debt collectors is still young, and it is likely that such letters may remain without a “proper response” from collectors, and calls may continue to come. In this case, you need to file a complaint with the Federal Bailiff Service of Russia. It is the bailiffs who monitor the activities of creditors and collectors when collecting debts. This is very simple to do: go to the official website of the Federal Bailiff Service at the link http://www.fssprus.ru, register on it and send an official complaint through the “Internet reception”, attaching:

• A scan of the letter that you sent by mail to the claimant;
• A postal receipt confirming the sending of the letter;
• A receipt of delivery, which will be sent to you by mail after the addressee receives your letter;
• A printout of calls from your phone number, confirming that after the collector (collector) receives your letter, calls to your address continue to arrive.

After this, the collectors should be “blown away like the wind”!

Not only third parties, but also the debtor himself can complain to the bailiffs if, for example, collectors call on weekends, or more often than required by law. Don't forget to include a printout of your calls with your complaint. Recording telephone conversations with collectors will also not be superfluous, because, unfortunately, collectors often do not communicate correctly, which is also not acceptable. Read more about acceptable communication from collectors in the article “Collectors. The limits of what is permitted."

The collectors were tormented with calls. How to get rid of calls from collectors?

If a person is drowning in a debt swamp, then calls from collectors are unlikely to help him get out of it. Rather, on the contrary, a person’s nerves finally give in, and he gives up. There are two legal ways to get rid of calls and visits from debt collectors:

1. If the loan is overdue for more than 4 months, a citizen has the right to refuse to communicate with collectors by phone and personal meetings by sending a “refusal to interact” by registered mail with acknowledgment of receipt. This procedure is provided for by the Law on Collectors. The form of refusal to interact was approved by order of the Federal Bailiff Service of Russia dated December 28, 2016 No. 822. You can fill out the form on our website in the “Online registration of documents” section. Having received this refusal, the debt collector must stop calling the citizen until he goes to court to collect the overdue debt. After the court makes a decision to collect the overdue debt from you, the creditor again receives the right to call and visit you within 2 months.
2. You don’t have to wait 4 months for a delay and apply for bankruptcy. Read more about bankruptcy of individuals in the section “Bankruptcy of Individuals”. After the application is recognized by the court as justified, creditors and collectors have no right to call you or come for visits. From this moment on, collectors will disappear from your life, and you will have a reliable defender in the person of a financial manager. Bankruptcy of individuals is the only legal way to “put an end to” debt problems. Thousands of people have already been freed from an unbearable credit burden by going through the bankruptcy procedure.

Find out more about bankruptcy of individuals by calling toll-free number-89-13. Perhaps bankruptcy will be the way out of the debt trap that you have been looking for for a long time.

How to get rid of calls from collectors

Collection calls can become your worst nightmare. If you failed to pay a debt, missed or forgot to pay bills, you may start receiving phone calls like this. In many cases, debt collectors resort to harassment and misrepresentation tactics to achieve their goal. You don't have to put up with this. Federal and state laws are in place to ensure that you, the consumer, are treated properly. If you are being harassed by collection agencies, there are several ways to stop the madness.

Steps Edit

Method 1 of 3:

Conversation with collectors Edit

Method 2 of 3:

Stopping collection calls Edit

Method 3 of 3:

Setting up functions for blocking collection calls Edit

The list of officials is indicated

How to write a complaint against a debt collector?

It is necessary to distinguish between ordinary complaints to Roskomnadzor or the Central Bank (by the way, they are a great help), a complaint to the FSSP about the actions of collectors, or an application to refuse to interact with the collector.

A complaint to the bailiffs about the lawlessness of the debt collectors is written in free form and submitted to the senior bailiff (head of the ROSP). Based on the complaint, an inspection is carried out within 30 days; the full list of actions that the bailiff has the right to perform in relation to the person being inspected is indicated in the regulations, which are attached in the article above.

The application form for refusal to communicate can be downloaded. In this application, it is necessary to indicate the contact person to whom the debtor delegates his powers in order to negotiate with the bank collection services/collectors. They may be any person or lawyer.

Which is better and who should I indicate as a contact person?

Here everyone decides for himself, but there is a difference between a lawyer and any contact person and we are not talking about knowledge of the laws and the ability to communicate in the language of the law, but in the fact that when communication is transferred to a lawyer, the collector will no longer have the right to call/contact with debtor And if the contact person is NOT a lawyer, then the collection service can also continue communication with the debtor. The application can be submitted 4 months after.

From experience I can say that an application to refuse communication and transfer of interaction to a lawyer leads to the following -. They do not want to communicate with the lawyer and have nothing to say to him. Which can be considered a good result, right? Judicial resolution of the case is the best solution for overdue credit debt. After the decision of the Duma, you will repay the debt to the FSSP and contact only the bailiff. Enforcement proceedings also have their own nuances, but in any case this is better than communicating with a collector; more than that, enforcement proceedings are possible.