I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.
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.
Don't give a collector any personal financial information, make a "good faith" payment, make promises to pay, or admit the debt is valid. You don't want to make it easier for the collector to get access to your money, or do anything that might revive the statute of limitations.
If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.
Incorrect dates of payments or delinquencies. Accounts with an incorrect balance. Accounts with an incorrect credit limit. Reinsertion of disputed information that has previously been corrected and removed.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
Ignoring debt collection calls may make things easier for a while, but it won't make the problem disappear. Your debt situation could snowball and potentially turn into a bigger issue down the road. Your credit score could take a hit if you repeatedly ignore calls from debt collection agencies.
Having debts in collections can impact you financially. They can: Hurt your credit score: Your payment history makes up 35% of your score, so having an account in collections can have a big impact and for a long time, too. Collections can remain on your credit report for up to seven years, FICO notes.
Unfortunately, a debt in collections is one of the most serious negative items that can appear on credit reports because it means the original creditor has written off the debt completely. So when a debt is sent to collections, it can have a severe impact on your credit scores.
A debt trap means a trap that occurs when a borrower is compelled to take out more loans in order to pay off previous ones. In essence, a debt trap happens when financial responsibilities outweigh a person's ability to repay loans.
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 are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.
If the debt collector makes vague statements about what will happen if you do not pay, read their response to your letter carefully. If they tell you that they intend to sue you, you should take that seriously.
Requesting a debt validation buys you time (at least 30 days) before collectors can sue you. Answer: The time you have to file an Answer with the court and respond to the debt collectors complaints is limited. Depending on your state, it can be as short as 14 days.
Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.
It's better to pay off a debt in full (if you can) than settle. Summary: Ultimately, it's better to pay off a debt in full than settle. This will look better on your credit report and help you avoid a lawsuit. If you can't afford to pay off your debt fully, debt settlement is still a good option.
Having an account sent to collections will lead to a negative item on your credit report. The mark is likely to stay on your credit report for up to seven years even if you pay off your debt with the collection agency. It's also possible that paying off your collection account may not increase your credit score.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit scores may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
Getting Verification of Debts
If you're not sure if a debt is yours—or if the amount or other facts related to the collection are not correct—you can ask for proof. If someone calls you about a debt or sends you a bill without documentation, request a debt validation letter.
Working with the original creditor, rather than dealing with debt collectors, can be beneficial. Often, the original creditor will offer a more reasonable payment option, reduce the balance on your original loan or even stop interest from accruing on the loan balance altogether.