District of Columbia Agreement and Assignment of Judgment for Collection to Collection Agency

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Multi-State
Control #:
US-02705BG
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Word; 
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Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

Explain that all debt collection agencies are different, and the amount they will settle for will therefore also differ. Some will only settle for 75-80% of the total amount; others will settle for as a little as 33%.

Approach negotiations professionally, assertively and with a clear understanding of your rights. Your goal is to reach an agreement that is manageable for you and aligns with your financial situation. Communicate in writing with the debt collector, request a payment plan and document everything for your record-keeping.

Beyond contacting you directly, they can take you to court and sue for what you owe them. If they win?or you don't show up in court?they may be able to take money from your bank account, garnish your wages or place a lien on your property. After a certain period, debt collectors lose the right to sue you in court.

?Negotiating with a collection agency can be challenging, but it is vital to reach a fair settlement,? Raymond Quisumbing, a registered financial planner at Bizreport, said. ?Offering 25%-50% of the total debt as a lump sum payment may be acceptable.

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

(y) Notwithstanding any other law or court rule, no person shall be imprisoned or jailed for failure to pay a consumer debt, nor shall any person be imprisoned or jailed for contempt of court or otherwise for failure to comply with a court order to pay a consumer debt in part or in full.

Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector.

Negotiate with the collection agency using your proposal If possible, avoid presenting your settlement offer first. Let the other side make the first suggestion, then present a counteroffer with a lower number. Repeat this back-and-forth process until you arrive at a settlement amount you are happy with.

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District of Columbia Agreement and Assignment of Judgment for Collection to Collection Agency