What Harassing Debt Collection Letter Are Really Telling You
However, most the time a collection letter from a bank or creditor, will be recognized immediately as that of a form letter because they are usually unsigned or signed with a font set or stamp signature. This kind of letter is usually in a form letter which means that a real person has not taken a serious look at the account regardless of what the silly language in the letter as said. Also, be aware that the date of the letter is very important. Knowing how long has it been between the date of your last payment on the account and the date of the received letter will give you additional information. The greater the time between the collection attempt events the better for you. And who sent the letter is another factor.
Has the letter come from the creditor's in-house collection department, an attorney in another state, a local lawyer, or a third party debt collector or a third party debt collector's attorney in a different state or the third party debt collector's local attorney? It is imperative to understand if a collection letter notice is coming from a creditor or third party debt collector (and not the original creditor). Attorneys are not considered debt collectors, they represent either, but they are not considered debt collectors themselves. A third party debt collector is a company/corporation that never provided you with credit or a loan and is not a lending institution or in the credit business. Most of us are aware of big bank names such as American Express, Bank of America, Citibank, but companies like "Collection Recovery Inc, and Zwicker & Associates and I.C. Systems" are not creditors.
In reply to a third party debt collector, you should not send the same responses as you would for creditors, as an alternative, your letter should be dated and state that you dispute the claim, are not refusing to make payment but are requesting validation of the debt. Put your signature on the dispute letter and include a legible copy of their collection letter for the collector to use as a reference.
The Fair Debt Collection Practices Act (FDCPA) is invoked upon all collection agencies and provides that you can demand a request for validation of any collection account that is in dispute. In the HUGE court case of Chaudhry v. Gallerizzo, 174 F.3d 394, 43 Fed.R.Serv.3d 1063 (4th Cir. 04/05/1999), the court ruled that the collector (or a creditor) is only accountable for providing some record that they have your name spelled correctly and that the account number and mailing address is correct in their files. The purpose this serves for us is that it helps us determine what information they do have or how they will respond to our dispute letters.
Even though the collection letter will probably state that if you don't dispute this debt within thirty days of the date of the collection letter it will be considered valid, the FDCPA specifically states that the opposite is true. It states that if you do not respond within the 30 days of your receiving their letter, it will not be considered as an admission of the claimed debt.
------
Now available to you is the FREE fantastic 7 secrets of financial
freedom debt relief report at www.freedomfromcreditors.com This report will save
you
thousands of dollars and hours of studying. These FREE Secrets will
provide instant relief for your financial woes.
http://www.freedomfromcreditors.com
Tags: third party, real person, attempts, signature, american express, lawyer, lending institution, debt collectors, summons, debt collector, credit business, collection letters
Last relative articles:
Keywords:
letter,
collection letter,
letter really,
letter considered,
letter important,
letter legible,
letter factor,
letter summons,
letter measure,
letter form
