how to respond to a debt collection attorney letter

How to respond if a law firm is calling about a debt.

• Know your rights under the law. To start, understanding your rights in the process of debt collection is crucial. The Fair Debt Collection Practices ...
• Gather the necessary information.
• Contact an attorney.

Full Answer

How to respond to a debt collection attorney?

Business debt collection letters should be taken seriously and you should try to respond to the request as quickly as possible. Avoid ignoring them since this could escalate the issue. Try communicating with the creditor and get legal advice so you know your rights and options. Start by verifying the details in the letter.

Does an attorney have to send a letter of debt?

This rule exists because collection agencies know that a letter from an attorney is more likely to frighten the consumer into paying the debt than a letter from a collection agency would be.

When do you need a debt collection attorney?

• allow the creditor to obtain a judgment against you (called a "default judgment")
• defend the lawsuit yourself, or
• hire an attorney to represent you in the lawsuit.

Do debt settlement letters really work?

Your results will vary based on your ability to save funds for settlement offers and your creditors’ willingness to settle your debts. Even if your creditors say they do not do settlements, you will see many of the major credit card banks like Discover Card, Capital One, Citibank, FIA Card Services, Barclays, and American Express.

What is the best thing to say when dispute a collection?

The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you're disputing the amount), but you should “give as little personal information as possible” in the letter.

How do you respond to a debt settlement proposal letter?

Explain your current situation and how much you can pay. Also, provide them with a clear description of what you expect in return, such as removal of missed payments or the account shown as paid in full on your report. Ask for a written confirmation after settling on an agreement.

Should I respond to a letter from a debt collector?

You should not ignore a debt collection letter as not responding to them in time (or at all) can lead to the collection agency filing a lawsuit against you. Not only will this result in you being responsible for additional fees, but it can allow them to take legal action to get the funds from you in other ways.

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.

Should I accept offer to settle debt?

"If you're happy with their offer, and you should be because it's less than what you actually owe them, then you should at least consider it," he says. The alternative, according to Ulzheimer, is the creditor either outsourcing the debt to a collector or even suing you.

How do I approach creditors with a settlement offer?

10 Tips for Negotiating with CreditorsIs Negotiation the Right Move For You? It's important to think carefully about negotiation. ... Know Your Terms. ... Keep Your Story Straight. ... Ask Questions, and Don't Tolerate Bullying. ... Take Notes. ... Read and Save Your Mail. ... Talk to Creditors, Not Collection Agencies. ... Get It in Writing.More items...•

How do I write a response to a collection letter?

Dear [Debt collector name], I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.

How do you write a response to a collection letter?

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

How do you respond to a collection notice?

Follow these steps to respond to a debt collection case in CaliforniaAnswer each claim listed in the complaint.Assert your affirmative defenses.File the Answer with the court and serve the plaintiff.

How do I respond to a collection agency?

Ask CFPBWho you're talking to (get the person's name)The name of the debt collection company they work for.The company's address and phone number.The name of the original creditor.The amount owed.How you can dispute the debt or ensure that the debt is yours.

How do you beat a debt collector in court?

How to Beat a Debt Collector in CourtRespond promptly to the lawsuit. ... Challenge the debt collector's right to sue. ... Bring up the burden of proof. ... Review the statute of limitations. ... File a countersuit. ... Decide if it's time to file bankruptcy. ... Use these 6 tips to draft an Answer and win. ... What is SoloSuit?More items...•

How do I settle a debt lawsuit?

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.

Why do you send a letter to a debt collector?

First and foremost, it is used to remind the borrower that the debt exists. However, it is also seen as a vehicle to provide the borrower with directions to repay the debt. Finally, it is also important to note that sending this letter is often the first step in taking legal action to collect for a debt collector or debt collection attorney.

What is debt collection letter?

At its core, a debt collection letter is a formal, written request asking the borrower to resolve their outstanding debt. Ultimately, while this type of letter informs the borrower of their financial obligation, it also serves a few additional purposes.

How to contact Tayne Law Group?

We’ve been in the debt relief business for over twenty years, and, in that time, we have won several awards for our work serving others. Call us at (866) 890-7337, or fill out our short contact form, and we’ll respond as soon as possible.

What does it mean when a debt collector sends a letter?

If you only take one thing away from this post, it should be that receipt of a debt collection letter is often a sign that the debt collector or debt collection attorney intends to take further action. Sending a letter like this is also often the first step toward additional legal proceedings. With that in mind, it is usually in your best interest to have legal representation in your corner before moving forward.

What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) protects borrowers from mistreatment by debt collectors, regardless of the size of the balances they owe. While there are a lot of protections afforded to you under this act, we’ve taken the liberty of pulling out some highlights.

Who is Tayne Law Group?

Since 2001, Tayne Law Group has helped countless clients resolve their debts for a fraction of their original amount. Our in-depth knowledge of debt settlement and creditors has enabled us to develop a debt relief process that’s truly effective.

Do collectors have to provide information?

Collectors must provide you with information on themselves and the debts they are trying to collect

A Letter to Respond to A Debt Collection

I [mention your name], would like to inform you that I have received the letter from your [mention name of the organization] on [mention the date]. I had previously written you that I am being wrongly billed and also provided relevant information and documents to prove it. But still I am being asked to pay the amount which I am not supposed to pay.

A Letter To Respond To A Debt Collection

With due regards I [mention your name] would like to inform you that I have received your [mention details like from whom or which department] letter today morning mentioning [mention the matter in details]. The letter mentions that it was posted on [mention the date].

Why do debt collectors pay without question?

This is because the aim of the creditors or debt collectors here is to retrieve the debt and close the case as quickly as possible.

What are some tactics used by creditors and debt collectors?

Some common tactics used by creditors and debt collectors include: Claiming that you have a minuscule amount of time left to repay your debt before proceeding with legal action. Confusing you with legal jargon. Threatening bailiff or ‘enforcement agent’ tactics.

What happens if you ignore a debt collection letter?

However, if you continue to ignore reminding letters, emails and other forms of communication, the debt may be passed on to a debt collection agency.

What is debt collection letter?

Debt collection letters are the most common form of contact used by creditors to remind you of unpaid debts. You may find that if you’ve missed multiple payments, these letters start to pile up. These should not be taken lightly, and acting on one immediately is always the best course of action. Here’s how you should respond to a debt collection ...

How long do you have to act upon a debt collection letter?

Immediately stating your debt has been passed to a third party debt collector. It’s important to understand that you have 30 days from receiving your first debt collection letter to act upon it, however urgent the debt collectors may claim it is.

Can a debt collector collect a debt that is statute barred?

Moreover, you have no legal obligation to pay it. Even if a debt is statute barred, it does not mean it has been cleared completely.

Can a debt be on your credit report?

It may still appear on your credit report as a debt that has not been made. Furthermore, a creditor may still take you to court, in which case they will have to prove the debt is not statute-barred. Under no circumstances should you suggest the debt might be yours if it isn’t.

What to do if you receive a collection letter from an attorney demanding you pay a debt?

If you have received a collection letter from an attorney demanding you pay a debt, you may wonder how to determine if you you truly owe the money to which the attorney is referring . You have the right to create a first-response debt dispute letter, which asks the attorney to prove this debt is in your name and show what the debt is for. You can write this letter yourself on your home computer to give it a professional look.

How to write a letter to a collector?

Compose your letter on your home computer using a basic writing tool like Microsoft Word. Begin the letter by typing the date in the top left corner with your address below it. Leave a space, then type the collector's name with his office address under it.

Where to mail a letter to an attorney?

Mail the letter to the attorney at his office address and wait for him to send you the items you requested.

How to settle a debt that is yours?

If the debt is yours, don’t worry. Decide on the total amount you are willing to pay to settle the entire debt and negotiate with the debt collector for the rest to be forgiven. This could be a lump sum or a payment plan. Be honest with yourself about how much you can pay each month.

What to do if you are not sure if you have a debt?

If you’re not sure that the debt is yours, write the debt collector and dispute the debt or ask for more information . If you find out that the debt does not belong to you, don’t delay! Write the debt collector and tell them that the debt is not yours and that you do not want to be contacted about the debt again in the future.

What is the law that prohibits debt collection companies from using abusive, unfair, or deceptive practices?

1. First, know your rights. There are laws that restrict what debt collection can say or do. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you. Under this law, a debt collector cannot:

What does a debt collector do?

A debt collector must tell you the name of the creditor, the amount owed, and ensure you can dispute the debt or find out if it is legit.

How to stop a debt collector from harassing you?

1. First, know your rights 1 Call repeatedly to harass you 2 Abuse or mistreat you 3 Contact you at a time or place they know or should know is inconvenient, including before 8 a.m. or after 9 p.m. unless they know otherwise 4 Use obscene language 5 Make a false or misleading statement about what you owe 6 Publish your name for not paying the debt 7 Lie to you 8 Threaten to have you arrested for not paying the debt

How old do you have to be to file a lawsuit against a debt collector?

If the debt is several years old, be sure to find out what your state’s statute of limitations is for a debt collector filing a lawsuit to collect the debt from you before making a payment. You may want to consult an attorney or the applicable law in your state.

How to avoid paying debt?

Use obscene language. Make a false or misleading statement about what you owe. Publish your name for not paying the debt. Lie to you. Threaten to have you arrested for not paying the debt. You should know that even if a debt collector violates the law, the debt does not go away.