Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
You want to ask for proof of debt from this collector
under the fair debt collections practices act, the collector must provide it
and needs to be licensed in your state to pursue the claim.
If provided, you are often best off settling with creditor directly and not through a plan.
many creditors wont deal with the plan
showing financial hardship and suggesting bankruptcy often gets a good payment plan AND a reduction in balance.
but first thing is first which is proof of debt, of collector's standing to collect it, and of the amount
Is the answer clear and acceptable?
awaiting your reply
ask for proof from the creditor or answer this lawyer? the sold it at auction they say for $8K. can i ask for proof of the amount? this letter i got is from a lawyer in georgia. can they pursue this to engage in a lawsuit? thx
ask for proof from the lawyer and from the creditor.
you can and should ask for proof of the lawyer's right to collect, of the amount, of anything they recovered on the debt
The lawyer in Ga can only handle cases in Ga
to pursue you in Texas they would need a lawyer in Tx
often these lawyers will try to collect, and if cannot will close the file
which also works in your favor and reason for you to ask for proof of debt in detail and in writing
I wish you the best.
Is the answer acceptable?
as i send the letter, can i ask them to stop phone calls too? what are the repercussions if i don't respond? he's in GA, so he can't sue...unless they give it to one in tx. not that i want to go that way :) by responding, am i setting myself up?
you can demand all communication be in writing
also per the FDCPA
You should respond and not ignore
put them on the defensive
You dont lose anything by doing that
He cannot sue but he may get a lawyer in Texas or have an office in Texas
if he doesnt give proof of debt as asked, he may be barred as would him client from collecting later
You can of course do nothing too
but in my experience, going on the offensive is better.
collectors often dont want to do much work
I have handled claims on both sides.
so i'm going to ask to verify proof of debt in detail and the amount, proof of the auction amount, verify they have right to collect, ask to communicate in writing...show financial hardship (have medical, just sold a house short sale, etc) and that i've spoken with a bankruptcy attorney. if they close the file/case, do they have to notify me in writing? thx
what do i do if they don't give me proof? should i put a time limit...respond in 30 days?
I agree with that plan
ask for proof within 10 days
per the FDCPA
if they dont respond, they may not be able to collect further
keep a copy of your letter
Kindly click on an excellent rating for the answer.
probably send certified :) you have been very helpful..thank you so much!
i received another letter from the attorney. their letters have different settle amounts (in lump sum). i can't do a lump sum. I sent a letter to the creditor (and cc: the attorney) requesting I work directly with the Creditor and that i would like to set up a payment plan. They switched to a Texas attorney, so i wrote them the same letter as the first, requesting proof, etc. The sent me a letter & quoted Chaudhry v Gellerizzo, 174 F.3rd 394, 406 (4th circuit 1998) in which verification of debt involved nothing more than the debt collector verifying amount owed in writing. This was the last communication (11.26.13) but it didn't say anything about a payment plan. what will happen next? what do i need to do?
can i ask for a lower amount to pay off? and what would be a reasonable amount for a payment plan? i make $13/hour