And sometimes someone is trying to scam you. That's why it's important to verify your debts with the proper documentation, such as a debt validation letter. Doing so can protect you from scammers, prevent debt collectors from pestering you and keep you from paying money you don't owe.
What Happens If the Collector Doesn't Validate the Debt? If a debt collector fails to validate the debt but continues to go after you for payment, you can sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit plus actual damages, attorneys' fees, and court costs. (15 U.S.C.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
(5) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph (c) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
You also have the right to dispute the debt if you believe it is inaccurate, the amount is wrong or you don't recognize the debt. You can request validation from the debt collector, requiring them to prove that you owe the debt and that they have the legal right to collect it.
Debt collectors are legally obligated to send you a debt validation letter. If you don't receive a debt validation letter, or it lacks detail, you can make a debt verification request. You can file a complaint with the Consumer Federal Protection Bureau or the Federal Trade Commission.
For this reason, DV has become a popular solution to reduce and even eliminate debts. In fact, it has been successful in stopping collection activities about 80% of the time.
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
The bottom line. While debt collectors may not automatically sue over a $3,000 credit card debt, they have the right to pursue legal action if they believe it's a viable option.
Perhaps the most common debts that cannot be discharged under any circumstances are child support, back taxes, and alimony. Here are some of the most common categories of non-dischargeable debt: Debts that you left off your bankruptcy petition, unless the creditor had knowledge of your filing. Many types of taxes.
collectors can sue you while you're in debt resolution—but some debt resolution companies may provide help. Lawsuits are filed for about 15% of collection accounts. Debts may still be negotiated after a lawsuit has been filed.
Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
A debt trap means the inability to repay credit amount. It is a situation where the debtor could not be able to repay the credit amount.
A debt validation letter is a document from a debt collector providing information about a debt you may owe. Collection agencies are required by law to provide validation notices and give you time to dispute the debt.