A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:
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If the debtor still refuses to pay the unsecured debt, the creditor can file a lawsuit against the debtor. Once a court grants judgment in favor of the creditor, it can usually take money from the debtor's bank account or garnish the debtor's wages.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
Of course, that isn't without risk: if a borrower fails to make required payments, the lender can foreclose on the borrower's home. Unsecured loans can curtail extra expenses. If you take out a home or car loan, the lender will require that you carry insurance on the asset.
Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been
If the debtor does not show up at the hearing, the court may issue a bench warrant for the debtor's arrest. If the debtor shows up, you will have the chance to ask him or her questions about where he or she works and what bank accounts, property, belongings, stocks, or any other assets the debtor may have.
The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you're disputing the amount), but you should give as little personal information as possible in the letter.
If you have inaccurate or incomplete collection accounts on your credit report, the Fair Credit Reporting Act gives you the power to dispute this information directly with the credit bureaus or creditor. You can send a dispute using the dispute form on each credit bureau's website.
Creditor's rights can refer to many different aspects of creditor-debtor and creditor-creditor relations including a creditor's rights to place a lien on a debtor's property, garnish a debtor's wages, set aside a fraudulent conveyance, and contact the debtor and relatives.
