Ask Jack About Debt

You are not sure of the actual debt or the amount

 

Debt collectors are required by the FDCPA to give you evidence of the debt, showing where and when you incurred it and the amount. Often the collection agency does not have that information. The client simply gave them a list of names and amounts. This is not enough. So, if you exercise your legal rights to get this information, they may simply go away unless the amount is large enough to justify further action. Send them this letter, by Certified Mail, return receipt requested. (To protect your rights you have to use the postal service, not phone or email.)

BY CERTIFIED MAIL

[date]

TO: [ name and address of collection agency ]

FROM: [ your name and address ]

RE ACCOUNT NUMBER: [ account number if relevant. It should be on any letter you have received from collection agency ]

BALANCE DUE: [ amount ]

You are herby notified that I am exercising my rights under provisions of the Fair Debt Collection Practices Act [15 USC 1692c]. You are hereby forbidden from contacting me for any reason other than to provide me with detailed evidence showing when I incurred the debt you are trying to collect and how much it is.

I demand that you stop calling me at home, at work, on my cell phone or any other location for any other reason than to provide me with this information.

Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any conversations that we may have in the future.

Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, I intend to pursue any and all remedies available to me by law by means of civil suits against you and your organization, both personally and corporately.

Sincerely,
[your name and signature]

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If they do send you this information, and you feel it is legit, then you could start negotiating with them directly over payments, BUT I RECOMMEND AGAINST THAT. I do not trust debt collectors. They will not usually negotiate in good faith and they will not keep proper track of anything you send them.
If you think the amount is wrong or the debt is not legitimate, CLICK HERE FOR NEXT STEP (go to first page of this section) If you are ready to negotiate a settlement, send the collection agency another letter, also by Certified Mail, return receipt requested saying this:

BY CERTIFIED MAIL

[date]

TO: [ name and address of collection agency ]

FROM: [ your name and address ]

RE: [ACCOUNT NUMBER]

BALANCE DUE: [ amount ]

You are herby notified, under provisions of the Fair Debt Collection Practices Act [15 USC 1692c], that you must cease and desist all communications with me after being notified in writing that I no longer wish to communicate with you. Therefore I demand that you stop calling me at home, at work, on my cell phone or any other location.

In accordance with the federal FDCPA, now that you have received this letter, you may contact me only to inform me that you are terminating further collection efforts; invoking specified remedies which are ordinarily invoked by you or your company; or you intend to invoke a specified remedy.

1. You and your organization must CEASE AND DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediate filing of a complaint with the Federal Trade Commission and the Attorney General of [[insert name of your state]].

2. Let this letter also serve as your second warning that I may utilize telephone recording devices in order to document any conversations that we may have in the future.

3. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, I intend to pursue any and all remedies available to me by law by means of civil suits against you and your organization, both personally and corporately.

I will discuss this account only with the original creditor. You may have them contact me.

Sincerely,
[ your name and signature]


Go to First Page of this Section: Stop Debt Collector Harassment



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