Expert Q&A: Debt Collection After a Spouse's Death Credit Card Guide News
Please accept my condolences on your husband’s passing. That you are receiving scary collection calls so soon after losing him must be terrible.I doubt that you can be held responsible for his old credit card debt, but I can’t say with absolute certainty. Much depends on state law. In most cases, liabilities incurred before marriage (especially on a credit card that is not at all associated with you) would be pulled from his separate estate, but not from your combined or personal assets. However, if you live in a state that has community property laws on the books (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), complications might arise. To know for sure, contact a consumer rights attorney in your area.
If you discover that you do not have any obligation to pay — and I don’t think you do — it’s time to learn about the Fair Debt Collection Practices Act (FDCPA). The collector may be violating this federal law, which prohibits debt collectors from using abusive, unfair or deceptive practices to collect money. Your state’s law may offer even further protection.
Debt Collection Letter
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Can I fax a letter to a debt collector asking them to stop contacting me?
I have a debt collector constantly calling me between 15 - 20 times per day. I have offered to make payments but they want me to make bigger payments that I can't afford right now. I know that if I ask them in writing to not contact me anymore they have to stop. My question is can I fax them the letter or does it have to be sent certified mail?
Do both....what do you have to lose. In the meantime start sending them the payments (in the amount you can afford).
also, contact a law office, get your 30 minute free consult about how you might sue the collector to get their attention.
Best of luck!
one .
What do you think about me putting this in a letter to a debt collector?
I have been being harassed by a debt collector. She is very very unfriendly to me. I just wrote a letter I plan on mailing out today saying that I no longer want to speak with her on the telephone due to her unprofessional demenor and would like all coraspondance to be through the mail because it is my right to have things in writing?
Question #1 ,,,,,,,,,Can I get in trouble for saying she has an unprofessional demenor?
Question #2............Is it my right to have everything in writing?
#1. no, not at all
#2. You sure can, it's what's called a cease and desist letter
Q/2 I can't answer but try to check with a legal aid though united fund or other agency, it's free.
Best of luck,
Why is experian telling me to dispute with the debt collector after mailing in a dispute letter?
I filed an online dispute with experian it came back verified. So now it won't let me dispute it online any more unlike transuion so I submitted a dispute letter and the reply was experian recommends contact the debt collector? What is this am I not able to ever ask them to verify the debt again because it came back verified once?
Online disputes do not work!! There is a set procedure to dispute with the CRA's (it is a way they prefer to dispute debts). It must be done in writing as this gives them written documentation and verification of who you are.
You first have to dispute the debt with the collections agency by sending a "request for validation" letter. It must be sent certified mail/return receipt, this is for your records. If the collection agency can not validate the debt in accordance with the FDCPA guidlines within TITLE 15--COMMERCE AND TRADE, CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
Sec. 1692g. Validation of debts
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
If you get no response, then you would send copies of the documents to the CRA reporting this debt as unvalidated, they would in turn notify the collention agency and make them validate, if they do not do so within 30 days, the CRA will remove the entry and send you notice along with a new copy of your credit report.
You can read more about disputing credit reports at this link.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
It is ALWAYS in your best interest to dispute things in writing, and by snail mail. It provides hard copy proof that you contacted them at all.
As for Experian telling you to contact the debt collector yourself, Experian is just a credit bureau, it stores your credit in a file creditors can access: they are not specifically involved in your life. A DISPUTE form sent to a credit bureau is used by you to correct any mistakes, like if it says you lived somewhere you never did, held a job you never held -- stuff like that. It's important that you look, because your info may be confused with someone else with a name like yours.
Other than that, I have a question: why would you want one particular debt verified more than once? All verification is, is saying that something DOES exist. If you are being charged for something you never ordered or bought, then chances are you are already the victim of identity theft, and you need to act quickly. Tell the credit bureaus, banks, and wherever you have money, to freeze your accounts BECAUSE you suspect this. Calll the credit card companies, and tell them as well.Send whoever needs one, a business letter stating your case, and provide any information you can. Disputing something as sensitive as your credit file online is NEVER a good idea, no matter how easy it may seem.
* Never use the online dispute process. Always use a Certified letter with return receipt
* Experian is by far the worst of the big 3
* Credit bureaus put profit above the accuracy of what they report...they'd rather take the debt collectors word at face value than spend time/money in actually investigating the negative notation.
Can a debt collector send a letter asking for more information after a validation letter is sent?
If this was the initial contact and you responded with a debt validation letter, per the the Fair Debt Collection Practices Act they must cease all collection activities and provide written validation of the debt.
FYI: Any information that the debt collector is seeking from you will be used AGAINST you....that's 100% guaranteed...They are basically trying to get you to admit in writing that the debt is valid...which would reset the statute of limitations. Don't give them any info. Don't send them any info other than additional request for validation. If the initial request was not sent via Certified Mail....then send the next request that way:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt
Other than that, continue to hold them accountable to validate the debt.
This is good. It means they cannot validate. Do not respond to this inquiry.
My general advice is to send them another letter (CMRR of course) reminding them that its THEIR job to provide this information since you do not recognize the account.
Letter from a debt collector?
I got a letter from a compnay claiming to be a debt collection company. They claim I owe Comcast $26. I always pay my bills and I do not think I owe Comcast $26 at all.
It migiht be a prunk? They say that if I wont pay immediately, they will contact the credit bureau. What should I do? Can anyone just go and contact the credit buearu and ding your credit?
under the Federal Fair Debt Collection Act they have to provide you proof that you owe the debt. if i were you, i wouldn't give them a dime until they provide something that proves that it's my debt. you can always dispute errors on your credit report if they actually report a debt you don't owe.
I'd do a few things.
1. Contact comcast and ask about the status of your account.
If they say you owe them money then ask to have statement of your account mailed to you. Advise them that once you receive the statement you will contact them and arrange to pay any money that is genuinely owed.
2. Check out the Debt Collectors in the phone book and see if they are genuine.
3. I have not heard of fake debt collectors sending letters saying you owe money. I have myself had a Debt Collector send me a letter saying I owed money to a company I'd never heard of for something that I had never bought. Soon sorted it out as someone with the same name who had nicked off and not paid his debts.
The letter would have to include your account number and only way they'd have that is if the company is genuine. That doesn't mean that comcast have not made an error, nor that you don't owe the money. It should be easy enough to sort out if you go about it sensibly and rationally.
P.S. Since the amount is very small, you might end up paying. With payment, write a letter to the collection agency saying that "upon receiving the funds, i ask that this entry, if reported to the credit burauses, must be removed from each credit bureau immediately."
Call Comcast and verify if you owe any money.
Immediately send a dispute letter (send Certified Return Receipt)
If you do not owe any money to Comcast, get it in writing and send this information to the collection agency, telling them that you will file suit if they continue to try to collect on this account or if they damage your credit report for violation of the Fair Debt Collections Act and/or the Fair Credit Reporting Act. Make sure you send a copy to the FTC
There are links below for help on writing a dispute letter and info on the acts mentioned above
What can I do about debt collector still calling after I sent limited cease & disist letter
I have sent a limited cease and desist letter via fax and I have a confirmation of successful submission. This certain debt collector calls me about 20-30 times a day. I just need to know what my options are from here. I have acknowledged to them that the debt is valid and I have every intention of paying, but they are extremely rude and frankly they are asses about it. I told them they they are no longer allowed to call me, as I am getting in trouble at work for this, they are only allowed to communicate with me via usps. Please help me with my options, and please no smart-ass comments about paying the debt, because I am going to,it is just a rough time right now.
A cease and desist letter is a good start, but it sounds to me that this collection agency is not honoring legal protocol. I would say they have way overstepped the legal boundary in their efforts to collect. You can report this agency to the proper governing body in an effort to stop this harassment by contacting the following agency (s):
Federal Trade Commission at - http://www.ftc.gov/
Attorney General of your state.
Received letter from debt collector that I owe money. No idea about this. How should I proceed?
Check your credit report. http://www.annualcreditreport.com is the government's site. You can check your credit reports once per year for free as well as when you are denied credit or employment. (Some states allow for further free reports.)
If you owed money, it would be listed on there. If it isn't listed on any of your credit reports (check all 3), send the debt collector a letter contesting the debt. You can find these online if you search for them.
(Date)
To Whom it may concern:
I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.
Sincerely,
(Name)
(Account No.)
can a expired statute of limitation letter be sent to attorney and debt collector they have defaultlt?
did not receive summons missed court date/ judgment by default given to debt collector.car purchased in1994 statute of limitation in georgia is 4 or 6 years
If you get a letter from a debt collector does it bad a black mark on your name?
If you have a loan credit card or any other debt, as soon as you get letters chasing you, you are already in deep. Its when you get default letters and then ccj's thats when you start to worry.
Really the best time to call them is when you know you cannot pay- your credit rating maybe affected anyway but it doesn't look too bad if you get in touch and come to an arrangement.
How do you handle an ignored cease and desist letter to a debt collector?
The debt collector received a certified letter and signed for it too telling them to cease and desist all communication with me or my family. I've worked out a process with the original creditor because I don't do business with debt collectors.
They continue to call me each day after they received the notification to stop. What is the process to file a formal complaint and to take them to court? I am adamant on doing this too. There is no reason in the world to continue efforts after being asked to stop immediately.
Please do not leave unnecessary advice like 'pay your bills and you won't have a problem'- you're just being an a-hole if you have the need to give useless advice.
Just a small note. I sent them a cease and desist letter after they refused to verify the debt I owe. Come to find out it was a book club from two years ago that I am sure I paid in full. I've since reached out to the book club and sent them my payment records and asked them to review and respond accordingly.
When you get called make sure to get the persons name that calls you and explain what is going on to him and demand (nicely) that they comply with the court document. After talking to them, demand (again as nicely as you can) that you be allowed to speak with the manager, get that persons information and casually mention that they will be mentioned in the complaint if the letter is not obeyed. Debt collectors (generally) only get paid if you pay through them so they will not give up on the money without a fight. If you can convince them that they will not get any money out of you and just grief they will leave you alone.
Flexible Flat Fee Debt Collection Services
When it comes to collecting past due accounts, using a single debt collection process is usually not the most effective method. Different debtors and customer circumstances require different debt collection techniques.
Using flat fee debt collection services that are “customizable” can be an efficient approach.
Flat Fee Debt Collection ServicesDebt collection agencies that charge a fixed fee for their services are becoming more and more common. The alternative is a traditional agency that charges a percentage of the account balance, which is contingent upon collection. Flat fee debt collection agencies charge a low fee per account. The fee is paid upfront. Based on account balance and the volume of collection accounts, this can be an economical solution.
Both traditional and fixed fee debt collection agencies offer solutions that meet the varying debt collection needs of creditors. Understanding your needs can help determine which is the best option for collecting your unpaid invoices.
Collection Agency Services Offer FlexibilityWhen looking for a flat fee agency, you might wish to consider one that offers some flexibility with their debt collection services. Whereas some agencies simply provide the service of sending one or two collection letters, other offer options. In many cases, it will take more than a single letter or two to get the desired results.
Find a fixed fee collection agency that lets you select the number of debt collection letters to be sent and the number of debt collection calls to be made. This will allow you to vary your debt collection efforts on a case by case basis, producing better results. You may even have the opportunity to select how aggressive you wish the collection agency to be, by tailoring demand letters and the frequency at which they are sent.
Flat Fee CollectionsMost flat fee agencies charge between $5 and $20 per collection account. Obviously, the more flexible the services are, the rates will vary. And, the more services you require, a greater collection fee will be charged. For instance, you may pay $10 per letter sent. If you request additional demand letters to be sent, you may pay $10 per letter or receive a discount for each of the additional letters.
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