Apr 18, 2008

How to Stop Collection Agencies

You can stop collection agencies from contacting you in a number of ways. There is a federal law called the Fair Debt Collection Practices Act (FDCPA) and you can use what it states to cease any efforts of collection agencies to collect any monies from you. It’s true! Remember, this applies only to collection agencies – not creditors who may employ them. If you feel that you are being harassed, then you should definitely utilize any or all of the following methods:

Method 1: The prevention of delinquency.

Creditors will either turn over delinquent accounts to a collection agency or they will have an in-house collection department. Either way, they will not simply forget about the debt. The best way to avoid collection attempts is to not become delinquent in your payment responsibilities. A lot of misplaced anger results from people who would have no problems were they just to pay on time and protect their credit to begin with.

Method 2: Write a cease letter.

Federal law requires collection agencies to stop their attempts to collect a given debt if they receive a written cease letter. There are many online to use as samples. Basically, they simply state that you wish for their organization to stop any type of attempts to collect from you. You further state that you will deal only with the creditor that you owe the debt to.

Method 3: Attorney cease letters.

If your personally written cease letter fails to be effective in stopping a collection agency’s attempts to settle debts with you, a letter written from an attorney will normally do the trick. Federal law requires collection agencies to cease contact with any consumer when that consumer is known to be represented by an attorney.

Method 4: You can work out an agreement to pay with the collection agency.

You can certainly stop a collection agency from calling you by agreeing to pay. That’s what they’re really after anyway. Aggressive debt collectors are paid based on what they collect in a given time period. They become more zealous about their endeavors to collect when they believe that you are simply ignoring them. If you talk with them in a professional manner and come to terms for repayment, they will be much more polite. Remember, if you strike a deal with a debt collector; tell them you will not pay anything until you receive the deal in writing.

Method 5: Bankruptcy.

There is an automatic stay on collection attempts that goes into effect when you file for personal bankruptcy. In order for any debt collector to further attempt debt collection, he or she must obtain specific permission from a bankruptcy court. This is a rare occurrence. Also, bankruptcy courts will never grant this permission to anyone attempting to collect unsecured debts from you. As you know, bankruptcy is a most serious act. It should be reserved for use only in cases of severe financial turmoil.

You do not have to suffer the harassment of collection agencies anymore. You can stop collection agencies from contacting you and disturbing your quietude. Utilize the above methods to stop collection agencies today!

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May 20, 2007

What is Debt Validation?

Debt validation is the process of forcing debt collectors to verify the validity of the debt in question, as well as their attempts to collect. The right to dispute the debt and receive validation are part of the consumer’s rights under the United States Federal Fair Debt Collection Practices Act (FDCPA) and are set out in §809[1] of that act. Under the FDCPA, the collector bears the burden of proof.

For legal purposes, any entities that are not original creditors – including lawyers – are considered collectors. Lucky for you, collectors must adhere to the guidelines of the Fair Debt Collection Practices Act (FDCPA), which will be the basis of your debt validation proceedings. It applies even to those collectors who legally have bought your debt (i.e. they still do not become your “creditor”.)

Generally, debt collectors must be able to prove that:

1. They own the debt legally and have been authorized to collect it from you.

2. The full amount of the debt that they are pursuing is accounted for and documented by your original creditor.

3. They can provide a copy of the original legal contract that you signed with your creditor.

The following is a step-by-step guide of actions to take to demand your right to debt validation:

• Send the collections agency (or lawyer, etc.) a certified debt validation letter asking them to validate your debt. Allow them 30 days to respond to your request. If they fail to do so, they are in violation of the law.

• Meanwhile, if you do not believe they have the right to collect from you, send the credit bureaus (Experian, Equifax, and TransUnion) a certified letter disputing collections actions on your report.

• If the collection agency responds in writing with proof of the three FDCPA requirements listed above and you wish to pursue your dispute further, you may find out whether or not they are authorized to collect in your state. If they are not, write another letter stating the violation and threaten to sue if they do not both cease collections efforts and alert the credit bureaus.

• If the collection agency responds in writing and does not provide sufficient proof, write them another letter specifying their violation of FDCPA. Tell them either to cease collections efforts and alert the credit bureaus or you will file a lawsuit. Allow at least two weeks for a response, and then follow through with your threat in small claims court.

Most collectors will give in before you will have to get the law involved, and some cases may be much easier than others. If a collector has bought or has been assigned your debt, they inherently do not “own” your debt and therefore cannot prove your obligation to pay (unless there is a clause in your original contract). Similarly, unqualified and deceitful collections agencies probably will want to rid themselves of your situation as quickly as possible.

It should be noted that creditors may take legal action against you, so it almost certainly is not in your best interest to just ignore a debt that you think cannot be proven. If you fail to take action and demand proof (or lack thereof) from a collections agency, it really does not matter what you believe to be just and accurate. You still may find yourself with a judgment against you.

Attempting debt validation might sound a bit daunting, but the financial benefits that you may gain from enforcing your rights certainly make it worthwhile for many people. FDCPA and contract laws are usually on your side. And if a collection agency lacks proof of your obligation to pay, well then…you might as well not.

Posted in FCRA, FDCPA, Fair Debt Collection Practices Act, collection agency, credit, debt collectors, debt validation, validation letters | No Comments »