The debt collection letters often are sent to the consumers by third party agencies that often purchase old debt from the creditors as well as other debt collection agencies. In some cases, the debt collection agency is usually hired by the creditor with the purpose of recovering delinquent debt. If you also receive such letters from your debt collection agency, it is vital that your debt should first be validated. On your part, it is vital that you should respond to these letters without any kind of delay. Here are a few important steps that you should follow to respond to the letters of your debt collector.
The first step is to write one letter to the particular debt collection agency and ask it for proof that you actually owe the debt. Popular law namely The Fair Debt Collection Practices Act or FDCPA specifies that agencies that are responsible for debt collection in Texas should provide the valid proof that the debtor actually owes a debt. In legal terms, this process is called validation.
Once this process is completed, you should immediately send the letter through certified mail as well as ask for return receipt. Getting the valid proof that the particular debt collection agency had received the letter may be beneficial for you if the case ends up in the court. Even if the debt collection agency ignores this type of letter, it is essential that the agency should validate debt legally if it wants to mention it on the credit report as well as pursue collection by all possible means.
You have to wait for at least thirty days within which debt collection agency has to send reply to the letter. If you do not get reply from the agency you should send another letter to the same agency. Make sure that you should have the copies of original statement of the account or one copy of original agreement. Although not all these documents are required to prove validation, they are helpful to show that you have incurred debt and the total amount of debt as quoted is accurate. However simple printout from original creditor fails to prove much under FDCPA. In your second letter you should not forget to include one copy of your first letter along with one copy of return receipt. Some people think you should also explain the rights that you are eligible to get under FDCPA, although it is not necessary and may work against you. You are entitled to ask your debt collector to cease collection attempts as well as remove inaccurate details of debt from the credit report.
Once this process is completed, you should immediately send the letter through certified mail as well as ask for return receipt. Getting the valid proof that the particular debt collection agency had received the letter may be beneficial for you if the case ends up in the court. Even if the debt collection agency ignores this type of letter, it is essential that the agency should validate debt legally if it wants to mention it on the credit report as well as pursue collection by all possible means.
You have to wait for at least thirty days within which debt collection agency has to send reply to the letter. If you do not get reply from the agency you should send another letter to the same agency. Make sure that you should have the copies of original statement of the account or one copy of original agreement. Although not all these documents are required to prove validation, they are helpful to show that you have incurred debt and the total amount of debt as quoted is accurate. However simple printout from original creditor fails to prove much under FDCPA. In your second letter you should not forget to include one copy of your first letter along with one copy of return receipt. Some people think you should also explain the rights that you are eligible to get under FDCPA, although it is not necessary and may work against you. You are entitled to ask your debt collector to cease collection attempts as well as remove inaccurate details of debt from the credit report.
You should wait for at least fifteen or twenty days for the reply of this second letter. If you are unable to get validation within scheduled time period, you can then take your debt collection agency to the court. You can also consult a debt collection attorney and gather more knowledge about filing the suit and so on.
If you are searching for an attorney to handle your abusive debt collector then you must immediately contact Karni Law Firm, P.C and its attorney Dana Karni dedicated to providing multiple legal solutions. This law firm handles lawsuits against abusive debt collection, credit card debt defense, and fair credit reporting as well as other issues related to consumer rights.
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