By Al Henre
Reference the debt using the identification they provided in the collection letter, such as collector account number, creditor account number, creditor name, etc. Clearly state that you dispute the collection and that according to the FDCPA you demand that the collector provide proof that they own the debt and have the right to collect, as well as proof of the amount owed by providing a copy of your signed credit agreement with the original creditor and a complete accounting of amount in question. If you are not comfortable doing this yourself contact a reputable credit repair company.
Most legitimate credit repair businesses offer debt validation as part of their arsenal and will be happy to do this for you. . And if the debt collector knows that you understand your rights - and aren't afraid to defend them in a court of law - he or she will more likely to abide by the laws that govern debt collection agencies. The Letter of the Law - The correct way to respond to a collection letter is with a written request for debt validation. This is your right under the Fair Debt Collection Practices Act (FDCPA), and if done in a timely and correct manner can produce fantastic results.
Validation of debts 15 USC 1692g (b) "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. . But nothing ever really happens with many debts -- the original lender already wrote it off and the collection agencies buy the debts for so little that they can just pursue the easiest, least informed borrowers.
The second action that debtors may take is to request that the collection agency validate the debt. Federal laws provide that collection agencies must prove that they own a debt before they are able to collect on it. When borrowers do not request validation, the complany collecting the debt will assume that it is valid. .
Keep the record. Keep all your communication records with the creditors safely. Not confident enough when you talk to your creditors Not sure if they are willing to accept your ways of debt settlement What are the things that you can do to convince them in order to accept your offer - Presentable debt settlement letter - Letter plays an important role in the communication between you and your creditors. From the letter, the debt collectors can know why you are unable to repay your debts, your financial difficulty and how you can repay the debts. .
That the Plaintiff listed on your Complaint has the Legal Rights to sue you. That is proven by showing you and the court a copy of the Assignment they received from the Original Creditor. Now, was that attached to the Complaint Does your Local Court Rules say that it needs to be attached to the Complaint - How about the Contract Was that attached to the complaint Do your local court rules say it needs to be - Would you believe some guy named Joe who came knocking on your door and said hey buddy you owe me 5000.
Would you pay him just because he said so - Same thing with these Credit Card Lawsuits. . In fact, debt collection agencies often make mistakes and send out collection letters to the wrong people.
That's why the Fair Debt Collection Practices Act gives consumers the right to ask for validation of the debt. Within five days of their initial contact, a debt collector must send you a letter telling you the specifics of the debt in question. Step 2 Dispute the Debt - Once you've received the letter, you'll have 30 days to determine whether or not the debt is truly yours. . It's almost as if they said GREAT He or She lives there, he or she answered, now we can sue him or her - Legally, they are suppose to respond to my Debt Validation Letter. What a JDB thinks is this for example - You owed 1400 on a Credit Card and Defaulted.
YEP 12 measily BUCKSThey find out where you live, get a response, sue you or get no response and sue you anyways. Most of them will sue you if they know you have a job or assets (property) in your county. . I strongly recommend that you specifically list the documents and information you want them to send you. Ask them for proof they have the legal right to collect the debt, a detailed calculation of the amount claimed owed, and a copy of your original signed contract or account agreement.
Right and Wrong Results - If a collector cannot validate the debt they should stop collecting and not report to the credit bureaus. But it does occasionally happen that they send nothing more than an internal printout or some such thing, and then continue their collection efforts. .
But if you do recognize the debt you should research the statute of limitation before going any further. Statutes of Limitation - The statute of limitation (SOL) for the collection of a debt is the maximum period of time that a collector can file a lawsuit. To be precise, a collector can file a lawsuit after the SOL has passed, but should they do so you can have the suit dismissed on this basis.
It is important to your credit repair effort to know that the SOL clock starts on the day that you first become delinquent. . With the high determination, rewrite and re-post the letter until your offer had been approved. Official proof of payment. After your offer had been approved, please get a copy of the official payment letter from you creditors. This can help you to avoid legal proceedings in future should anything happen. .
Include the date of the letter, the account number of the disputed item, and any other information that can help identify the account in question. Next, explain briefly that you believe the information to be inaccurate, and that you'd like it removed right away. Just make sure you send a photocopy of your ID and social security card for identification purposes, and always send dispute letters by certified mail.
This way you'll be informed when the agency receives your letter and you can begin the 30 day countdown. . Receiving a debt collection letter from a law firm does not necessarily mean that you are being sued. These types of debt collectors must follow the requirements of the federal Fair Debt Collection Practices Act (FDCPA) just like any other type of debt collector. Your first contact with a debt collection law firm will most likely be just like the normal collection procedures. There are things that you should do when you are first contacted about a debt. .
Sometimes collection letters are sent out on very old debts or even debts that have already been paid. If you don't believe that the debt in question is valid, you can send a letter to the debt collector telling them that you don't think the debt is yours. Be sure to do this within 30 days of receiving the first letter - otherwise the debt collection agency will have the right to assume the debt is valid.
Step 3 Set Some Boundaries - Luckily for consumers, the Fair Debt Collection Practices Act outlines how and when a debt collector can interact with you - and you're the one who gets to set the guidelines. . While there are legal solutions to all fiscal problems, these situations are best when avoided. If you've received a letter or phone call from a debt collection law firm, don't panic.
Many people have fallen on hard times and their phones are ringing off the hook with bill collector calls. It is one thing to have to talk to the normal collection agencies but what do you do when your contacted by a debt collection law firm The first thing you should do is stay calm. . There is a legitimate stipulation set by the laws that under this Act the creditors and collectors are compelled to certify every alleged collection with corroborative evidence when the request for validation is made.
Not until the creditor or collector has completely certified your account, can they continue to collect any amount from you. Therefore a debt validation letter can protect you from the pursuing allegations of your creditor or collector. A debt validation letter is a grueling requirement on the part of your creditor or collector. . If you do not dispute the debt within the 30 day period allowed the collector is likely to ignore your request.
Credit Repair Options - Once you have a collection notice in hand there are a couple of credit repair strategies you should consider right away. If you don't recognize the debt you have the right to request the name and phone number of the original creditor. Collection notices are supposed to include the name of the creditor to whom the debt is owned, however in the case that the debt has been sold and resold the original creditors name may not be indicated. .
These letters should be sent certified, return receipt so that you have proof that it was received by the collector should you ever have to provide the evidence in court if they violate your federal rights. Falling into financial difficulties often means that delinquent debt is turned over to an in-house collector or an outside agency. If you find yourself facing calls from debt collectors, there are three weapons in your arsenal right now that you can use.
Get yourself a phone that will display caller id (you may have to contact your telephone service provider and sign up for the service) and ignore numbers you don't recognize. . Debt Validation Letters - Debt Validation Letters are written to collection agencies to ask a collection agency to validate a debt. Debt validation is simply a consumer's right to challenge a debt andor receive written verification of a debt from a debt collector under the Federal Fair Debt Collection Practices Act (FDCPA).
Pay for Delete Letters - A pay for delete letter is usually written to a debt collector in hopes of negotiating to pay on an existing account in hopes of having the account removed or updated as positive on your credit report. Cease amp Desist Letters - A cease amp desist letter can be sent to anyone, usually a debt collector, to request that they immediately stop contacting you. .
They basically scrub you out to see if your worth the money to file the suit against so they can collect. 00 and are suing you for the 1400 plus interest of let's say 2500 plus late fees, attorney costs ETC. 00 PLUSThey throw all this onto a summons and claim you owe them all this money. They then hope that you are scared and don't show up for court and they get a Default Judgment against you. .
The more they can understand your financial situation, the more likely they are to help you to settle your accounts. At the same time, reevaluate your financial condition and propose to your creditors on your best repayment methods with the relevant details such as the repayment time period, the interest rate charged and the best periodic installment payments or the lump sum of the repayment which you can make.
Preferably the proposed date is within the next 3 months, whether it is for you to kickoff with the new installment repayment amount or a lump sum of not less than 50% of what you owe. What you have committed this time should be something which is achievable before they file any legal action against you next. .
Write down notes from every conversation with the collector as soon as possible. It may be willing to work out some sort of repayment plan and in some cases, you may even be able to settle the debt for less than what you owe on it. Send your dispute to the law firm by certified mail, and keep a copy for your records. If you are sued, be sure to talk with a consumer law attorney who specializes in debt collection. .
Debt Validation Letters - Debt Validation Letters are written to collection agencies to ask a collection agency to validate a debt. Debt validation is simply a consumer's right to challenge a debt andor receive written verification of a debt from a debt collector under the Federal Fair Debt Collection Practices Act (FDCPA). Pay for Delete Letters - A pay for delete letter is usually written to a debt collector in hopes of negotiating to pay on an existing account in hopes of having the account removed or updated as positive on your credit report.
Cease amp Desist Letters - A cease amp desist letter can be sent to anyone, usually a debt collector, to request that they immediately stop contacting you. . While they're gathering the documentation, they're prohibited from contacting you. Often, a debt collection agency simply doesn't have the necessary proof, and they'll stop attempting to collect the money. If they do have substantiation for the debt, they must send it to you in writing.
Then, you can check to make sure that your records and theirs are in agreement, and that they haven't added on extraneous (and illegal) charges. . A fair debt attorney should take your case at no cost to you, and could get you up to 1,000. The best way to repair your credit is to write letters to the credit bureaus and collection agencies. There are many different credit repair letters for many different situations. The most popular credit repair letters are dispute letters, debt validation letters, pay for delete letters and cease and desist letters. .
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