what to do if you receive a letter from an attorney to collect a debt

by Dr. Sincere Hamill 7 min read

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.

Four Steps to Take if You Received a Debt Collection Letter From a Lawyer
  1. Carefully Review the Letter to Determine the Claim. ...
  2. Consider Sending a Debt Validation Request. ...
  3. Gather and Organize All Relevant Financial Documents and Records. ...
  4. Be Proactive: Debt Does Not Go Away on its Own.
Aug 12, 2021

Full Answer

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

Oct 26, 2021 · If you need help with a debt collection letter, Tayne Law Group is here to assist you. 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.

How do I dispute a debt sent by an attorney?

Apr 15, 2021 · You Should Contact Your Attorney. The first thing you should do after receiving a debt collection letter from a lawyer is read through it. After you understand more of what the letter is about, you should contact your own lawyer to discuss it. A bankruptcy lawyer, like one from The Law Offices of Neil Crane, might ask you some questions that ...

What to do if a Debt Collector calls you?

If you’ve received a letter from debt attorneys or a legal department, the language the letter uses may be in violation of the Fari Debt Collection Practices Act. We’d be happy to review the letter and see if it’s in violation of the FDCPA. To speak with a representative directly and immediately call 844-685-9200 for a free, no obligation ...

How do I send a letter to an attorney?

Hearing from a Collection Agency. Receiving a letter from a collection agency or attorney can be very intimidating. A collection letter may be written in a very friendly manner — ”Welcome to ABC Collections, we look forward to serving you and helping you determine which option works best for you to manage your debt.”; Collection notices can be very threatening — ”If you do not pay ...

image

Why would I receive a letter from an attorney?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution, but they can also be used to demand specific actions. Having your attorney draft a demand letter can be a wise move because it gives the recipient a chance to rectify the situation without facing a lawsuit.

How do I respond to a collection letter?

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.

Can I negotiate debt after being served?

Summary: Yes, you can settle after service. The best way to settle a debt lawsuit is first to file a response, then contact the otherside and make an offer.Feb 22, 2022

What happens if you ignore collection letters?

Once a creditor files a lawsuit, ignoring the collection action is even riskier. If you don't respond in time, a default judgment will likely be entered against you. Depending on your contract with the original creditor, you may also be responsible for collection costs and the creditor's attorney fees.Dec 11, 2021

Should I respond to a letter from a collection agency?

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.May 24, 2021

What should you not say to a collection agency?

3 Things You Should NEVER Say To A Debt Collector
  • Additional 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.
Apr 6, 2022

How do you beat a debt collector in court?

How to Beat a Debt Collector in Court
  1. Respond promptly to the lawsuit. ...
  2. Challenge the debt collector's right to sue. ...
  3. Bring up the burden of proof. ...
  4. Review the statute of limitations. ...
  5. File a countersuit. ...
  6. Decide if it's time to file bankruptcy. ...
  7. What is SoloSuit? ...
  8. How to answer a summons for debt collection in your state.
Sep 29, 2021

What percentage should I offer to settle debt?

Offer a specific dollar amount that is roughly 30% of your outstanding account balance. The lender will probably counter with a higher percentage or dollar amount. If anything above 50% is suggested, consider trying to settle with a different creditor or simply put the money in savings to help pay future monthly bills.

Can I settle a debt with the original creditor?

It's possible in some cases to negotiate with a lender to repay a debt after it's already been sent to collections. Working with the original creditor, rather than dealing with debt collectors, can be beneficial.

How long can a debt collector come after you?

6 years
The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.

How do you get out of collections without paying?

There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company like Credit Glory that can dispute it for you.Apr 11, 2022

Can debt collector come to your house?

YES. Debt collectors can show up IN PERSON where you live. But FEDERAL LAW says they can't do any of this… Force you to open the door.Jun 17, 2020

What to do if you can't pay a debt?

If you are unable to pay the debt for any reason, you should consider debt negotiation or bankruptcy. Find out what options are available for you.

What happens if you don't pay your debt in full?

Collection notices can be very threatening — ”If you do not pay the balance in full within thirty days, we will file a lawsuit to collect the debt from you.”. Whichever one you receive (and you may receive both types), the goal for the collector is the same: to get a payment from you.

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

Kevin Samuel Sullivan

Requesting verification if you know you opened the account and owe the money is not worthwhile. I am a former creditor attorney who now represents debtors such as yourself. I usually answer the complaint, serve discovery, and negotiate a settlement.#N#I would love to have the honor of helping you with your case. How much do you...

Kathryn Ursula Tokarska

I agree with both counsel. Getting verification, unless you disagree with amount owed or don't understand what is your charges and what is late fees and penalties is pretty much a stalling tactic in the collection process and some agencies won't talk to you after you request it unless and until they have responded to your request in writing.

Robert Harlan Stempler

If this is a lawyer in California, there is a good chance that the debt collection law firm will sue you on this debt within then next few months. If you wish to review all of your options, please see the first video on my web site and related articles.

Amy Clark

Requesting validation is a good idea as it can help you see where the amount they are asking for came from. Some of it may be collection fees, some of it may be (is) interest, etc. That can help you in trying to negotiate if you want to try and negotiate to settle the debt...

How to write a debt collection letter?

Typically, a lawyer debt collection letter may be used to: 1 Inform a client that their payment has surpassed the due date and is now overdue. 2 Start the process of setting up a repayment program with a client who cannot pay in full. 3 In certain situations, initiate legal proceedings when a client refuses to pay.

What is a collection letter?

A debt collection letter is a formal notice that businesses—including law firms— give to a client who hasn’t paid their bill by the agreed-upon date. This type of letter informs the recipient of their outstanding debt, requests that they pay by a certain date, and lets them know what will happen should they fail to pay.

What to do if client refuses to pay?

Start the legal process. Unfortunately, in some situations, you may decide to pursue legal action if a client refuses to pay. For example, you may be able to report the non-paying client to a credit reporting agency, hire a collections agency, or file a lawsuit.

How to avoid unpaid bills?

The first step to avoiding unpaid client bills is to set up a solid collections process. That way, you can make it easy for clients to pay in the ways that best suit them. If you still don’t receive payment, you may want to consider creating a professional, clear, and straightforward lawyer debt collection letter.

Can a debt collector contact you?

If an attorney is representing you, and you’ve told the collector, the debt collector must contact the attorney. A collector can contact other people to find out your address, your home phone number, and where you work, but usually can’t contact them more than once, and cannot tell them you owe a debt.

How long do you have to sue a debt collector?

Besides reporting them, you can sue a collector in a state or federal court. You’ll need to file your lawsuit within one year of when the collector broke the law. If you lost wages or had medical bills because of the things the debt collector did, you can sue for those damages.

What is the FTC law on debt collection?

The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions to help you know your rights.

What is the FTC law?

The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions to help you know your rights. This opens in a new window.

What to do if you are represented by an attorney?

If you’re represented by an attorney, tell the collector. The collector must communicate with your attorney, not you, unless the attorney fails to respond to the collector’s communications within a reasonable time.

How long does it take to dispute a collection letter?

Make sure to send the dispute letter within 30 days. Once the collection company receives the letter, it must stop trying to collect the debt until sending you written verification of the debt, like a copy of the original bill for the amount you owe.

Can a debt collector take money from your bank account?

Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can seek a court order to take money from your bank account. Don’t ignore a lawsuit, or you could lose the chance to fight a court order.

How to write a letter to collect debt?

A debt collection letter is sent to: 1 Inform debtors of an outstanding debt: The primary purpose of the debt collection letter is to inform a debtor their payment is due formally. It highlights when the payment was due and urges the debtor to clear the debt before legal action is taken. 2 Initiate payment negotiations: A demand letter is also sent as a friendly way to direct the debtor on how they can initiate a formal negotiation process. It tells them how they can work with the creditor to craft a new payment plan that’ll be rational to both parties. 3 Initiate the legal process: No legal action or harsh debt recovery techniques can be utilized before a debtor receives the collection letter. That said, a demand letter is sent to serve as proof that the defaulter was indeed contacted, offered a notice, and informed of the necessary payment clearance procedures they should take before any other legal step was taken.

What is the purpose of a debt collection letter?

Inform debtors of an outstanding debt: The primary purpose of the debt collection letter is to inform a debtor their payment is due formally. It highlights when the payment was due and urges the debtor to clear the debt before legal action is taken.

How long does it take for a debt collector to send a reminder letter?

In light of that, a reminder debt collection letter is often sympathetic and offers friendly solutions to help the debtor bring their pay up to date. Usually, the reminder letter is sent 14 days after the invoice’s due date, but you can take longer depending on your relationship with the client.

What is the Fair Debt Collection Practices Act?

All types of debt collection letters must comply with the Fair Debt Collection Practices Act (FDCPA). The act was created by the Federal Trade Commission (FTC) to protect consumers from harassment by creditors and debt collectors. For instance, some of the guidelines give defaulters the right to dispute the amount owed.

How long does it take to get a debt validation letter?

Remember, the debt validation letter is often sensitive. You must request for validation within 30 days after you receive the collection letter. Also, it must be in writing.

What is a collection letter?

Also known as a demand letter, a collection letter is an official notification drafted by a lender or debt collections agency and sent to a debtor to remind them of their delinquent payments. Debt collection letters can be issued to both commercial and consumer debtors.

What is a demand letter?

Initiate payment negotiations: A demand letter is also sent as a friendly way to direct the debtor on how they can initiate a formal negotiation process. It tells them how they can work with the creditor to craft a new payment plan that’ll be rational to both parties.

image