The Law Blog

When making a call to the creditor, one should make sure that the person spoken to be some one in charge. These people are more reasonable than the rest and are open to debt negotiation. No verbal agreements or, any other kind of informal settlements should be agreed upon by the debtor. All correspondence should be made via registered mails the receipts of which should be retained. . They will mess up somewhere in here some how, if they have not done so already. For instance in Indiana if I got sued by a Credit Card company and they did not have the Contract and Assignment attached to the Complaint I would file a Motion to Dismiss and win. I would only get it dismissed without prejudice and they would be allowed 20-30 days to amend the complaint. What that means is they can re-file the same lawsuit and attach the contract and assignment and it’s a go. . This right is granted by the Fair Debt Collection Practices Act (FDCPA), Section 809. The intent of the law is to prevent errors in collection of debt, including billing the wrong person, the wrong amount, or for debt that has previously been paid. Timing Your Validation – It is important to know that you only have 30 days to exercise the right to validate debt under the FDCPA. Practically speaking, collectors are sensitive to the 30 day time limit and if you ask for validation beyond the time limit it is highly likely that your request will be ignored. . The first legal step in dealing with the collection agencies should be the ‘Debt Validation’ method. Debt validation is a federal right granted under the Fair Debt Collection Practices Act (FDCPA). The procedure begins with ‘initial communication’ from the creditor in the form of phone calls, written letters or, even summons to appear in the court. Then within a period of five days they must notify in writing, the debt validation rights of the concerned person. .

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. .

“Timing is Everything – Please note that there is only a 30 day window of opportunity to request your debt validation. Collectors must abide by the laws spelled out in the FDCPA, but these laws only mandate a response for the 30 days following the date of the initial collection letter. Beyond the 30 day window collectors have no obligation to provide the documents that you request and you have lost the opportunity to force compliance. Why Validate the Debt – Why request validation of a debt There are two good reasons that you should request debt validation on every collection letter you receive, even if it looks legitimate. . 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. . Consulting with financial advisors and being familiar with the FDCPA (Fair Debt Collection Practices Act) will be highly beneficial for the consumers willing to settle debts on their own. What is a Dispute Letter – Any time you identify information on your credit report that you feel to be inaccurate, incomplete or even just misleading, you have the right to dispute it and have it corrected or removed from your report. A dispute letter is a simple document that is written to inform a credit bureau, collection agency or an original creditor that there is a mistake on your credit report and that it needs to be corrected or removed. Is sending a dispute letter the best way to address credit report mistakes – Making a dispute is the best way-and the only way-to address credit reporting errors. . You should send a cease communication letter and this should stop all communications. If you begin your credit repair process and you need additional help concerning debt validation, you should reach out for a credit repair service where you are guaranteed that they will review your entire case, research your SOL, prepare and send letters as needed to get the best possible result. Is it possible to settle your debts without the help of a consolidation company Yes, it is possible. Some people might think that it’s too hasty to write a letter to the creditors, might not be even read by the them, but if there is a way to settle your debts, why not give it a try Listed below 5 tips for your consideration. .

Now that you know what a debt validation letter is use it against them and stop them in their tracks. It can be pretty scary to walk to your mailbox and find a collection letter from a debt collection agency. But the truth is, because of the Fair Debt Collection Practices Act, you have more power in the situation than you might think. For instance, did you know that you actually get to control how the debt collector speaks to you – even in what format What’s more, the debt collector must prove to you that the debt is really yours before they can even begin their collection efforts. . In all cases, the documentation should be clear and provide definitive proof of the collectors claim. Say Goodbye to the Collector – What happens if the collector cannot (or does not wish to) provide the documentation that you request If they can’t comply. they can’t collect, they can’t contact you, and they can’t report the collection to the credit bureaus. An Important Note – Our credit repair clients occasionally express concern that if the collector is pushed too hard they will send a summons and attempt to get a judgment. . A verified name and address will not provide the evidence that you owe money from someone after all. There is no account validation process required in a debt verification letter. The prevalent harassment in the debt collection industry would still be possible. Given that, this verification letter is not an element in learning how to dispute a debt. . Creditors can be avoided by taking advantage of the ‘federal and state debt collection laws’ which protect the consumers from offensive conduct of debt collectors. Negotiation with creditors is welcome if there is even a little income flow or, small assets that can be sold for funds. Non profit credit or, debt counseling agencies can help to design a suitable repayment plan on behalf of the distressed defaulter. One should always evaluate his or, her assets and existing bank balance while taking loans or, hoarding up on other forms of debts. .

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. . The Fair Debt Collection Practices Act requires them to send you this letter within five days of their first contact with you, but it doesn’t hurt to let them know that you expect it. The letter will outline the details of the debt, and tell you that you have 30 days to dispute it. Accept it or Reject It – Once you receive the debt validation letter, you’ll need to determine whether or not the debt is really yours. If it isn’t, you’ll need to tell the debt collector so in writing, sent certified mail with return receipt requested. . The first legal step in dealing with the collection agencies should be the ‘Debt Validation’ method. Debt validation is a federal right granted under the Fair Debt Collection Practices Act (FDCPA). The procedure begins with ‘initial communication’ from the creditor in the form of phone calls, written letters or, even summons to appear in the court. Then within a period of five days they must notify in writing, the debt validation rights of the concerned person. . This right is granted by the Fair Debt Collection Practices Act (FDCPA), Section 809. The intent of the law is to prevent errors in collection of debt, including billing the wrong person, the wrong amount, or for debt that has previously been paid. Timing Your Validation – It is important to know that you only have 30 days to exercise the right to validate debt under the FDCPA. Practically speaking, collectors are sensitive to the 30 day time limit and if you ask for validation beyond the time limit it is highly likely that your request will be ignored. .

For the best Debt Validation Letter templates available go to Allan Henrys’ excellent web site for free resources on Debt Validation Letter Sample.