If you are tired of phone calls from creditors and debt collectors, you must tell the creditor or debt collector, in writing, that you do not want them to contact you anymore.  You may be told by a creditor who lent you money that the do not contact rule only applies to debt collectors. That is correct if a creditor is calling you for its own debt so long as you only refer to the Fair Debt Collection Act.  South Carolina offers additional protection under its own act.  Your letter to the creditor or debt collector should contain the following information.

Please take notice that I/we have/has elected to exercise the right to not be contacted by you for any purpose.  Even if you are able to continue to contact a debtor under the Federal Fair Debt Collection Act, you are hereby directed that further contact by you is no longer acceptable or tolerated.  I am sending a copy of this letter by certified mail, return receipt requested and by regular mail.  I understand you may contact the debtor to tell the debtor that there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit.

The South Carolina Consumer Protection Code, Section 37-1-301 (28) defines as  “debt collector” any person or entity who collects, attempts to collect, directly or indirectly, debts due or asserted to be owed or due another.  This section further states that the term “debt collector” also includes a creditor who collects, attempts to collect, directly or indirectly, his own debts.

Therefore, even if the entity calling me is the original creditor who lent the money, that means that creditor cannot continue to contact me.   You must not make any additional contact with me.

The South Carolina Consumer Protection Code, Section 37-5-108 (5)(b)(iii) has declared that contacting or attempting to contact the debtor at his or her place of employment after notice is hereby improper and that no contacts shall be made by you.  No further contact at the debtor’s place of employment is allowed.

In case you somehow do not understand what this letter means, let me be clear.  Do not call me at work, at home or call any of my friends, relatives, co-workers.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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