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Letter to debt collector telling them to correctly apply your payment

State:
Multi-State
Control #:
US-DCPA-22
Format:
Word; 
Rich Text
Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

If any consumer owes multiple debts and makes any single payment to a debt collector with respect to such debts, the debt collector may not apply such payment to any debt which is disputed by the consumer and shall apply such payment in accordance with the consumers directions.

Use this form to notify a debt collector they misapplied your payment and direct them to reapply your payment correctly.

This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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  • Preview Letter to debt collector telling them to correctly apply your payment
  • Preview Letter to debt collector telling them to correctly apply your payment
  • Preview Letter to debt collector telling them to correctly apply your payment

Key Concepts & Definitions

Debt Collection Law: Governs the practices of agencies collecting debts, ensuring fair treatment. Debt Collection Agency: A company hired by creditors to collect overdue debts. Debt Collector Compliance: Adherence to legal and ethical guidelines in collecting debts. Disputing Debt Collection: The process of challenging the validity or accuracy of a debt being claimed.

Step-by-Step Guide to Writing a Letter to a Debt Collector

  1. Identify Your Debt: Confirm the details of the debt, including the amount and the creditor.
  2. Understand Your Rights: Familiarize yourself with the Fair Debt Collection Practices Act (FDCPA).
  3. Writing the Letter: Start by addressing the debt collector formally. Clearly state your understanding of the debt and any discrepancies you have found. Specify that you are aware of your rights under the FDCPA.
  4. Request Corrections or Verification: Ask the debt collector to either correct the information or provide verification of the debt.
  5. Send the Letter: Use certified mail to have a record of your correspondence.

Risk Analysis in Disputing Debt Collection

Disputing a debt without proper documentation can lead to unsuccessful resolutions. Likewise, incorrect or aggressive communication can escalate the situation, potentially leading to legal action against you. Ensure all communications are polite, factual, and concise to mitigate these risks.

Best Practices

  • Keep Records: Maintain all documents related to the debt and your correspondence with the collector.
  • Understand Collection Letter Templates: Familiarize yourself with common terminology and format of collection letters to better understand and respond to them.
  • Know Your Rights: Being aware of your consumer rights can protect you against harassment and unfounded claims.
  • Professional Tone: Always keep a professional tone in your communications to help in effective debt collections.

Common Mistakes and How to Avoid Them

  • Ignoring the Debt: Ignoring collection attempts can lead to increased penalties and interest. Respond promptly to communications.
  • Not Verifying the Debt: Always request a debt verification to confirm its legitimacy before proceeding with any payments or disputes.
  • Poor Record Keeping: Failure to keep organized records can hinder your ability to dispute a debt accurately.

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FAQ

Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

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.

This is not a good time. Please call back at 6. I don't believe I owe this debt. Can you send information on it? I prefer to pay the original creditor. Give me your address so I can send you a cease and desist letter. My employer does not allow me to take these calls at work.

Write a debt settlement letter to your creditor. Explain your current situation and how much you can pay. Also, provide them with a clear description of what you expect in return, such as removal of missed payments or the account shown as paid in full on your report.

Their name. Company name. Address. Call-back phone number. Website URL. State license number, if available as not all states license collectors.

If you pay the collection agency directly, the debt is removed from your credit report in six years from the date of payment. If you don't pay, it purges six years from the last activity date, but you may be at risk for wage garnishment.

I am responding to your contact about a debt you are attempting to collect. You contacted me by phone/mail, on date. You identified the debt as any information they gave you about the debt. Please stop all communication with me and with this address about this debt.

When a Debt Collector Calls, How Should You Answer? The phone call from a debt collector never comes at a good timebut the best response is to confront the state of these affairs head-on. You may want to hide or ignore the situation and hope it goes awaybut that can make things worse.

Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.

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Letter to debt collector telling them to correctly apply your payment