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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I got sent to a collection agency recently, it was first

Customer Question

i got sent to a collection agency recently, it was first reported on a month ago, i would like to get this removed or create a situation where i am legally obligated to get a contract of credit removal from the collection agency. i called them and they
said no they wont do it. so what are my options here?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
The collection agency does not have an obligation to remove the claim (and you cannot legally force them to), but sometimes as part of the debt negotiation, you can pay them off so that they will (offer to pay the full amount, including interest and collection costs immediately, pay a premium, etc.). If you are still working on negotiating the debt payoff, here are some general debt negotiation tips that may be of assistance:When trying to settle a debt, creditors generally prefer lump sums over payment plans. They are often willing to accept an amount less than the full debt (the trade off is that they get a quick payment and don't have to worry about ongoing collection costs or administration). If you do not have the ability to offer a lump sum for something the creditor will accept (some will accept a small portion, while others want close to the full amount), you can try a payment plan, these are less satisfactory to the creditor (especially if they have a lien on your property already), but if you are willing to offer something with a reasonable chance to get the creditor a large amount of their debt back, you are likely to get them to accept it.Whenever working with a creditor, make sure that you keep your communications in writing (if you speak to someone by phone, promptly send a confirmation letter to summarize your conversation), as this will help to ensure that there is no confusion later on, and you will be able to enforce your settlement against any future collection efforts.
Customer: replied 1 year ago.
this is general information and doesnt really help me william. let me ask a question that will be more specific, i went over the limit of my credit card and its reported on my credit report, how can i get this removed?
Expert:  CalAttorney2 replied 1 year ago.
Contact your credit card company directly - request that they remove it. (But do use the information I provided above re: "confirmation letters" this is very useful particularly with these types of situations - you want to keep written records of your communications to avoid confusion and to record your version of events).Again, they do not have an obligation to do so (you did go over the limit, and they have a right to report factual information).But, many card companies will remove this type of information, often in tandem with raising your credit limit.(My apologies for the generality of the information, I try to provide as much information as possible in order to cover as much ground as we can on this forum - many customers do not follow up and I hate to have people left with insufficient information).
Customer: replied 1 year ago.
please draft me 2 quick letters that you feel will best help me remove the negatives on my credit report and will put me in the best position.
1. the over the limit credit removal in tandem with raising my credit limit
2. removal of the collection agency induction for a delinquent account (nonpayment from original creditor) which i am ready to pay off immediately.
Customer: replied 1 year ago.
i will send the first "over the credit limit" to the credit card company and i will send the collection agency one to the collection agency.
Expert:  CalAttorney2 replied 1 year ago.
Most credit card companies have their own form that they use for credit card increases (you can find this on their website) and you will want to use this (or use their phone system) in lieu of a letter. You can follow up using a simple (very short - 1 paragraph is sufficient) letter confirming your conversation.For a request to dispute the transaction, you can use a form letter such as this one: http://www.creditinfocenter.com/forms/sampleletter4.shtml modified to match your circumstances.Unfortunately, I cannot draft letters specifically for you as this is outside the scope of this "general Q&A" forum and crosses into the practice of law (which I am prohibited from doing on this particular site). Keep in mind, these letters do not need to be complex or lengthy, a short, and concise one or two paragraph letter is sufficient.
Customer: replied 1 year ago.
william none of this helps me at all. i googled all this before. i was looking for expertise here
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am going to "opt out" and allow another expert to follow up with you.Please do not post any further at this time as it will delay the next expert's ability to follow up.If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/helpThank you for using our forum, and I do wish you the best of luck.Bill