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Summary: Follow these four steps to dispute a debt collector: find as much documentation about the debt as possible, look closely at the collections notice for mistakes, send a Debt Validation Letter, and wait for a response.
Summary: Follow these steps to dispute a debt collector: find as much documentation about the debt as possible, look closely at the collections notice for mistakes, send a Debt Validation Letter, and wait for a response.
What’s worse than facing how to respond to a debt collector about a debt? Dealing with a debt collector over a debt you don’t actually owe! Sometimes, collection agencies get it wrong, and in these cases, you have a right to address the situation and stop it from interfering with your credit and your life.
The Fair Debt Collection Practices Act (FDCPA) gives consumers the right to dispute debt. This helps reduce fraud as a kind of checks and balances system. There are three components to that right to dispute, including:
Right to Notice of Debt: The debt collector must inform you that you owe the debt.
Right to Contest the Debt: You have the right to challenge the debt you allegedly owe.
Right to Verify the Debt: You have the right to see verification from the collector that the debt is legitimate.
Take a closer look at what each of these rights means for you.
You have the right to written notice of debt
Under the FDCPA, a debt collector must send you written notice of the debt within five days of their first contact with you. A debt collector’s notice must at least have the following:
How much you owe.
The name of the original creditor.
What to do if you think there’s a mistake.
If you do decide to dispute the debt, make sure you hold onto this letter!
You can dispute the debt
The FDCPA also gives you the right to dispute debt. But there is a time limit — you must send a written dispute of debt to the collector within 30 days of receiving the notice.
When you send this Credit Dispute Letter, make sure there’s a way you can get a receipt or other delivery confirmation. You should also keep a copy of your letter. It’s a good idea to have a dedicated folder or file where you keep all documentation related to the debt in question.
You can verify the debt
You have the right to ask a collector to verify your debt by sending you enough information to prove that you owe it. Like a dispute request, your request for debt validation must be in writing. This written request is called a Debt Validation Letter.
SoloSuit takes all the guesswork out of debt verification. When you use our Debt Validation Letter template, you just need to answer a few questions. We’ll format the letter and send it where it needs to go.
Once the collector has received your Debt Validation Letter, they may not contact you until they have validated the debt. If they have enough evidence to prove you owe the money, you’ll hear from them. But if they can’t validate it or are unwilling to, they likely will just stop communicating with you.
Dispute a debt in 4 steps
Once you understand your rights and the timeframe you have to exercise them, you are ready to dispute the debt. Here’s a closer look at the four key steps you need to take to formally dispute your debt.
1. Find as much documentation about the debt as possible
You should go through this step whether the debt has been paid or not. The more documentation you can assemble, the better. Here are some of the types of documentation you should get together:
Old billing statements from the original creditor.
Any communication from the original creditor.
Documentation of your last payment.
Any communication from the debt collector.
A bank statement or a canceled check showing the debt was paid, if you’ve already paid the debt.
You might not need all the documents you gather. But it’s better to have them and not need them than to need them and not have them!
2. Look closely at the collection notice for mistakes
Sometimes, debt collectors are mistaken about the total amount you owe. In some cases, they even mix up consumers and send one person’s debt to someone else. Look closely to make sure you recognize the name of the original creditor and that the amount owed is right.
3. Dispute or send a debt validation letter
After you’ve gathered your documentation and evidence, if you find that you have proof of any of the following, you should file a Credit Dispute Letter:
The debt belongs to someone else.
You already paid the debt.
The amount the debt collector is asking for is incorrect.
To file a Credit Dispute Letter, you need to write a formal dispute letter and send it to the debt collector.
If you don’t have hard evidence, you should send a Debt Validation Letter. This is a letter asking the collector to provide definitive proof that the debt is yours.
Check out the following video for more tips on how to make debt collectors validate your debt:
4. Wait for a response
Unfortunately, debt collectors won’t always reach out to tell you that they’ve dropped your debt. If the debt collector agrees with your Credit Dispute Letter or can’t validate the debt, you’ll likely stop hearing from them. If this happens, monitor your credit report to make sure the collection is removed.
On the other hand, if the collector validates the debt, you will need to pay the debt or reach out to the collector to request a payment plan or other arrangement to avoid legal action. To see how this works, let’s consider an example.
Example: Jenny thinks Collections Inc. doesn’t have enough evidence to prove she owes a debt. She uses SoloSuit to send a Debt Validation Letter. Unfortunately, Collections Inc. is able to prove she owes it. To avoid getting sued, Jenny reaches out and asks to set up a payment plan, and the bill collector agrees.
Let SoloSuit help!
Dealing with debt collectors can be stressful. SoloSuit makes the process easy and streamlined. If you need to validate your debt, respond to a lawsuit, or settle, we can help. Get started today!
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