Massachusetts Sample Letter to Debt Collector Re Fair Debt Collection and Practices Act
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FAQ
You should consider sending the letter by certified mail or another method by which you can establish when the letter is received by the intended recipient. Send this letter as soon as you can -- if at all possible, within 30 days of when a debt collector contacts you the first time about a debt.
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
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.
Here's the following details that your letter must contain: The amount of money owed by the debtor. The settlement of a debt (initial due date) The newly recommended due date for debt repayment. Instructions for the payment of the debt.
Collectors are required by Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.
Here are some steps you can take: Send a written demand for payment. File a case in the small claims court. Hire a lawyer to file a case in the appropriate court. File a police complaint if you think you have been cheated. Get an order from the court to attach the person's property.
An effective debt collection letter should include all of the following: The total amount the client owes you. The original date the balance was due. Instructions detailing how to make the overdue payment. The new due date, whether a specific date or as soon as possible.
Massachusetts law prohibits unfair, deceptive, and unreasonable debt-collection practices. The Attorney General has issued debt collection regulations that establish standards by defining unfair and deceptive acts and practices for the collection of debt from Massachusetts consumers.
