paying debt directly when you get an attorney letter notification

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.

Full Answer

When to send a notification letter to a debtor?

Typically, these letters are sent within five days of the first collection call you receive. All too often, these letters infer that, if you don’t pay, you will be taken to court. Frequently, these notices are sent in order to try and frighten or intimidate you into paying – even though you have the legal right to dispute the debt within 30 days of receiving the letter.

How do I write a letter requesting a debt collection attorney?

May 27, 2021 · Before you make any payment to settle a debt, get a signed letter from the collector that says the amount you’re paying settles the entire debt — and you no longer owe anything for that debt. Keep the letter and a record of any payments you make to pay off the debt.

How to notify debtors for due payments?

Feb 18, 2017 · I received a letter in the mail from an attorney saying their office has been retained to collect this debt. It also says I have 30 days to write back requesting proof that I owe this debt. I already know I owe it an I was actually planning on paying the collection agency on Monday, as my tax returns just came in.

How do I dispute a debt sent by an attorney?

You might be entitled to statutory damages of up to $2,000, plus any actual damages suffered, plus attorney fees! Two sample paid in full form letters are below, use the first or second letter below depending on which scenario fits your situation. The letters should be sent to collectors via return receipt requested anytime you pay a debt.

What happens after debt validation letter?

When a consumer is represented by an attorney a debt collector?

Can I negotiate debt after being served?

What happens when you get a notice from collections?

What should you not say to debt collectors?

When a consumer refuses in writing to pay a debt or requests that a debt collector cease communication?

How do you beat a debt collector in court?

What percentage should I offer to settle debt?

What does a debt collector have to prove in court?

Should I respond to a letter from a collection agency?

Why you should not pay collections?

Do collection notices affect your credit?

Mary Madeline Roberts

You should timely respond thereto and retain counsel in attempting to negotiate and/or dispute the debt--email me for a free initial consultation. That being said, letters from attorneys on their face, without more, do not constitute suit. The letter will usually explain that they are requesting debt, and/or attempting to prevent litigation, etc.

Evan Elliott Randall

This letter is usually a form letter that is sent out before litigation has begun. It costs money to file a lawsuit and collection firms do not want to pay it right away; they would rather reach out to you and see if a payment plan can be reached.

Frank Junior Borgese

Typically the letter will state whether the attorneys involved have yet reviewed the specific facts of your case. Federal collection law (i.e. the FDCPA) provides that they give you an initial disclosure of their involvement, information about the creditor, the amount due, etc. and generally this notice is sent before litigation is initiated.

Robert J Adams

Even though you acknowledge that you owe the money you should still write back requesting proof. It is unlikely that a law suit has been filed.#N#You should also get a credit report to if you owe more money. You are entitled to a free credit report once a year. You can go to#N#freecreditreport.com

Paid in Full Letter–Final Payment

You’ll find my final payment on the above referenced account enclosed. I request written confirmation showing this account as {paid in full or settled} according to our agreement on {insert date of agreement}.

Previously Settled Debt Letter

RE: Collection letter dated {date of letter here} or phone call on {date of call here} reference account #: {account or reference number}

Notification Letter to Debtor

Whenever you issue a debt, always make sure you sign a written agreement with the debtor. This is useful if your debtor fails to repay on time. When debtors fail to pay you on time, you may need to take legal action. For this, you must have proof that a debt was issued. A verbal agreement is not admissible in court as proof.

1- Letter to the debtor requesting payment

I am hereby requesting for full payment of the debt you requested on [enter date]. As per our agreed terms, you were to repay the debt within [enter time in days/months/weeks/years]. The debt is now overdue by two months. I have some financial affairs to attend for which I require the debt amount.

2- Debt collection letter before action

I hereby inform you that your debt payment is overdue by six months. As per our agreement, you borrowed [enter amount] from me on [enter date]. You agreed to repay the amount within one year. It has now been 1.5 years and the debt payment are still due.

3- Final notice letter before legal action

I am hereby informing you that your debt payment is long overdue. You are requested to repay the indebted amount within 15 days of receiving this notice. Failure to comply will lead to legal action against you.

4- Friendly collection letter sample

I am writing with great guilt to ask you to repay the amount you borrowed from me last year. I understand that you have been through a difficult time and only found a proper job last month. Unfortunately, I am facing some financial issues and need to pay my apartment rent for the past two months.

Keren E. Gesund

Please clarify who used the language "letter of intent to sue". It's been my experience that when the debt collector says that, they're saying it to scare you and don't plan to sue.

Robert Harlan Stempler

Record in your county a homestead declaration (see link below) for your mobile home, to ensure it is protected from a judgment lien. If the sue you, consult with a debt collection DEFENSE attorney, so that you are not exposing yourself to an unnecessary judgment, even though they may be unable to collect it from you at this time.

Dane L Hines

Since federal law governing debt collectors prohibits threatening any action that the collector does not intend to do, they probably will follow suit ( pun intended). You of course have the right to answer and defend. The court won't care much about your finances at this point because your ability to pay is not the issue, only your liabilty.

Richard Glenn Elie

The first question I have is how old is the debt?#N#If the debt is more than four years old since the last time you made a payment on it, it seems to me your affirmative defense is statute of limitations...

What is a collection letter?

A collection letter that is often for some silly, small amount, like $80. You’re probably thinking that isn’t a big deal, but that attitude can cause you a big problem on your credit report. Collections show up like a giant red flag—and they cause the same damage if they’re for $80 or $800,000. You read that right.

What happens if my insurance company doesn't pay my bill?

Sometimes, that bill doesn’t show up where it’s supposed to. Maybe it goes to an old address or to a work address on file for your insurance. Or perhaps it doesn’t get mailed at all.

How much did John Oliver buy medical debt?

John Oliver did an amazing takedown of it on Last Week Tonight, showing how he was able to buy $15 million in delinquent medical debt for just $60,000 using a shell corporation he put together for $50. No matter who owns your debt, the collection has to prove the debt belongs to you through a process of verification.

How long does it take for a credit card to fall off your credit report?

Ignoring the collection will make it hurt your score less over the years, but it will take seven years for it to fully fall off your report. Even paying it will do some damage—especially if the collection is from a year or two ago.

How does a debt settlement lawyer help?

A debt settlement lawyer can help protect the debtor’s rights by providing a response, filing certain motions and responding to certain motions and requests. If there are any applicable defenses, the attorney will raise them. For example, a statute of limitations may apply that bars recovery for an unpaid debt.

What happens if a third party collects a debt?

If the third party collector is not able to collect on the debt, the debt may be sent to a debt collection law firm. The debtor is often made aware of the assignment to the debt collection law firm by receiving a letter. State and federal rules and regulations sometimes dictate the information and documents that must be included with this communication. The letter will usually state that the creditor has retained the law firm in order to represent it in collecting the debt. The letter also demands payment.

What is statute of limitations?

A statute of limitations is the time limit in which a legal action must be filed in order for the court to provide relief. Other potential legal motions may include motions for discovery purposes, motion to quash the summons or a motion to dismiss the complaint.