Wednesday, July 1, 2009

How do I dispute a collection action?

Your first contact with a collection agency is likely to be a telephone call. The law requires a collection agency to send you a written notice five days after it first contacts you. The FDCPA requires a collection agency to tell you how to contact the collector in writing.

The written notice must also tell you how to dispute the debt and give you the information you need to lodge a dispute. There are certain things to look for when a debt collector writes to you. Here are just some things that might lead you to write a letter to a collector:
  • It is not your debt. (The collector has you confused with someone else.

  • You are a victim of identity theft. (Someone used your identity to run up charges.)

  • You already paid the debt.

  • The creditor sent the bill to an old address, even though you told the creditor you moved.

  • The collection agency says you owe more than you think or says you owe an exorbitant amount in fees and extra charges.

  • You need to clarify your conversation with a collection agent.

Some things you would record in a letter to a debt collector:

  • Promises

  • Terms of payment

  • Commitments to adjust entries in credit history

  • Proper crediting of payments

  • Instances where the collector failed to keep a promise to you or failed to at within the agreed upon time.

  • Instances where the collector engaged in abusive practices such as threats, abusive language or contact with third parties.


What information should I include in a letter?

For starters, it is important to get organized, get to the point, and maintain a business-like tone. It is a good idea to include a date in your letter by which you expect to hear back from a collector, for instance, that either it is investigating your dispute or will no longer contact you about another person's debt. Usually, a date of two to three weeks is sufficient.

It is also very important to send correspondence to a debt collector by certified mail, return receipt requested. This way, you will receive a signed and dated notice that the collector has received your letter. Without confirmation, it may come down to your word against the collector. You may also want to fax your letter before mailing it.

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