Effective April 7, 2022, the New York statute of limitations for debt collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.
Here are the steps you can take: Send a written request: Draft a formal letter to the debt collector requesting debt verification. Include your name, address, and account number associated with the debt. Clearly state your intention to verify the debt and request all relevant information and documentation.
Yes, they are legally required to provide proof of the debt, but you must request it in writing and keep a copy of this request for yourself.
Dear Creditor: Please provide me with verification of the debt which you state I owe. Please provide me with any records which are in your possession, including, but not limited to, all statements of each account, invoices, and any other documentation which I may have signed.
Typically, settlement offers range from 25% to 50% of the total debt. However, one rule of thumb is to offer the same amount or debt percentage to all your creditors if you have multiple. For instance, if the lump sum you have is 60% of your total debt, then you should offer to settle 60% of each debt you owe.
Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.
What Percentage Should I Offer to Settle Debt? Some collectors want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. So, it makes sense to start low with your first offer and see what happens.
Start with a low offer, such as 25% of the debt you owe, and work toward a middle ground. Your debt collector may accept a lump—sum repayment amount between 25% and 50% of the full debt, but that is no guarantee.
If you're considering debt settlement, you should work with a debt relief provider instead of attempting to negotiate alone. While you may be able to reach settlements on your own, they may not be as good as the results professionals can achieve.
Example of a Claim Settlement Letter We are writing to inform you that we have completed our evaluation of your claim filed under policy number Policy Number regarding Brief Description of the Claim. We are pleased to offer a settlement amount of Settlement Amount.