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If i write a letter to collection agency disputing debt, what willthey do

by Cara Dow (2024-01-14)

If you recently received a letter from a debt collection agency or law firm and wish to prevent or stop further calls from this particular debt collector, read this article. This article is also a must read, if this debt collector or their law firm has threatened to sue you on an old or bogus account.

Using the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692g(b), consumers have a law that may delay or prevent being sued on a credit card lawsuit or harassed. It is so much more effective than a so-called "cease and desist letter," discussed in a separate article.

unternehmensliquidation-isolierte-karikaBefore getting into those laws, let's clear away a common misunderstanding about the scope of the FDCPA. Except in limited instances, creditors are not subject to the federal FDCPA. Thus, if you want to stop collection calls from the bank that issued a credit card, the FDCPA will NOT work. Also, many types of debts are not subject to the FDCPA. A debt subject to the FDCPA must have been incurred in a transaction intended primarily for personal, family, or household purposes. Courts have stated that the collection of taxes, fines, child support, civil shoplifting claims, and torts are not subject to the FDCPA, because there was not consensual transaction involved. Perhaps Congress or some courts will change these more narrow interpretations, but that's the dominant view, and the FDCPA have no legal impact, unless the account being collected is a "debt," as defined by the FDCPA.

The FDCPA, at 15 U.S.C. § 1692g(b), gives consumers a fantastic tool to get a debt collector-even a debt collection law firm-backed off, at least temporarily. The most effective way to dispute a debt collection effort is to send a letter to the debt collector, within 30 days of receiving the initial notice of collecting a debt from the debt collector. Sample letter 1.1 has the basic format to follow. It is always better to have proof of delivery from the post office that the consumer's dispute letter was mailed to and received by the debt collector, together with a photocopy of the letter and all enclosures. It is also important for the consumer to know the date on which he or she received the debt collector's initial letter, to prove that their dispute was sent timely. The consumer's dispute letter may request verification of the debt, dispute the debt, or both.

An alternative to a formal dispute letter under § 1692g(b) is to dispute the debt or