Hounded by Debt Collectors? Steps You Can Take Today to Protect Your Legal Rights.

An estimated 80% of Americans are in debt. Even if you owe money, follow these tips to protect your rights and avoid being ripped off or unfairly harassed. You have a right to privacy and respect, and proof that you owe the collector what they say you do.

Here are some steps you should consider as soon as a collector contacts you:

1. Request Verification: Send a letter to the debt collector asking them to verify the alleged debt. You must send this request within 30 days of the first written communication regarding the debt(s) and must be in writing. The collector must stop collecting until they provide you with reasonable verification.
2. Cease and Desist: You can demand debt collectors stop contacting you altogether. And if you do, they are required by federal law to stop. Remember that the collector may still file a debt collection lawsuit against you, and a ceaseand-desist letter may encourage them to do so sooner. That said, they can file a collection suit against you at any time, no matter what you do.
3. Keep Records: Keep copies of all communications sent to or received by the debt collection agency, including verification requests and cease and desist demands. If a collection lawsuit is filed, these documents are often vital to the success of your case. It’s a good idea to record a timeline of any calls and/or voicemails you receive from the debt collection agencies. Check out our website for a Sample Communication Log.
4. Applies Only to the Alleged Debt: Your communications apply only to the alleged debt you reference in your letters, and only to the debt collector you send the letter to. So even if the same collector contacts you about more than one debt, demanding that they cease communication about one debt will not apply to the other. You must reference each alleged debt in your letter or send multiple letters. Along those lines, if another debt collector takes over collection, you must also send a new letter to that debt collector.

What Should my Verification Request Include?

If you send a letter requesting verification, the debt collector must honor all reasonable requests or stop collecting. They are not permitted to attempt to collect on that debt again until the verification is provided.

When requesting verification, make sure to ask for:

• A complete breakdown of the alleged debt, to include all charges starting from a zero dollar balance up to the amount allegedly owed, itemizing any interest or other fees.
• The identity of the original credit and the complete chain of title of ownership of the alleged debt.
• The account number (at least the last four digits) and the name and type of card, if it is a credit card account.
• Documents to show you owe the alleged debt, such as a signed contract along with all charges incurred, or an itemized billing.
• The last date a payment was received (to ascertain the statutory limitation to collect on the alleged debt; note that any payment may restart the clock on the statute of limitations).
• Copy of the D/C’s license to show they are licensed and authorized to collect in your state.

We do NOT recommend that you provide any additional information to the collector in these letters or any other form of communication with them (e.g., personal identifying information not already included in the letter, such as your Social Security number, phone number, etc.)

Not Sure About How to Write the Letter?

No problem – Wells Law has you covered. Check out our sample letter on this site. Just ensure you carefully add the details of your particular debt before sending it to the collection agency. Follow the guidance above so you may decide what you should include in your specific letter.

What About Debts that are Not Mine or the Wrong Amount?

If the alleged debt is disputed, this dispute must be clearly stated in each communication you have with the debt collector, including the specifics of your dispute (e.g., the debt was already paid, the debt is not yours, the debt is the wrong amount, etc.)

Remember, legal representation can be a game changer if a debt collection case is filed against you, or you believe your rights have been violated. Don’t let debt collection agencies intimidate you out of protecting your rights. Fill out an intake form today for attorney review – 100% free!