I was just asked how to dispute a collection acct that is on your credit report. As a credit repair specialist you should find this useful
I often get asked how to fight collections off a credit report. This morning I was asked about judgments. Understand that I am not an attorney. This means I do not pretend to be, represent myself or charge services for legal advice as an attorney. I fight for you guys because I am an advocate, if you can not afford an attorney I have found a letter, quite useful to help you stand up for your rights under Federal Fair Credit laws in place for your protection.
For regular collection agencies, most of the times, collection they get lazy and do not keep their contracts current with the people that retain them. This is a classic lack of standing argument. Also they have to give you a break down of what the actual debt is, the interest charged ect. ect. If they can not provide you this information outlined below, the debt holds little credibility.
And to answer the question that was asked of me today. YES an agency who buys the debt can file a civil judgment against you. This is more difficult to fight as you need to actually get a release of judgment from the court it was filed. You can use the same letter when addressing them, however understand that the type of collection agency who would file a civil judgment is an attorney based agency. So do not be surprised if you might need to lawyer up, depending on the amount. Usually anything under $5000 is civil, anything above that is Superior Court. Most attorneys will not waste their times in petty change territory so it is important to get as much information as possible from these agencies. More often than not they can not provide you the information on this form, but when they can it’s time to consider legal council.
Remember it is a Federal offence to report inaccurate, willful and harmful information on your credit report. These collection agencies and the credit bureaus can be fined up to $3500 for each offence or agency reported to.
For more answers you may have about credit, real estate, loans, foreclosures just ask. I will have the answers as best as I can on my new twitter link #FightBack w/Faith
Re: Your letter, (attached)
To Whom It May Concern at
This letter is being sent to you in response to a notice sent to me on __/__/____ , received by me on __/__/____. Be advised that is a refusal to pay any alleged debt. This is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide a verification or copy of any judgment if applicable;
4. Show me that you are licensed to collect in my state;
5. Provide me with your license numbers and Registered Agent;
6. Signed agreement from the debtor confirming to pay the debt;
7. The agreement that authorizes you to collect debt on the assumed debt.
8. Complete payment history.
9. Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
10. Explanation on how you can accelerate on an alleged loan based in Fraud as it is our understanding that any RESPA Violations above $100.00 constitutes defrauding the consumer.
Pursuant to the Fair Debt Collection Practices Act (FDCPA), we are also requesting, in writing that no telephone contact be made by your offices to our home, to our places of employment or any other person(s) regarding such debt. Any attempts by your office for telephone communications with us, including but not limited to computer generated calls, any electronic device type of contact, and calls or correspondence sent to or with any third parties, will be considered harassment under the FDCPA. Let it be known that all future communications with us MUST be done so in writing and sent to the address noted in this letter by USPS.
If you feel you have made an error in your records or you cannot provide the original documentation that would properly evidence these liens we have for your convenience enclosed a re-conveyance request.
This is an attempt to correct your records. Attempts have been made by us to resolve these issues, in spite of this we have dealt with non-cooperation from your company and the company whom this alleged debt was purchased. It is our intention to resolve your inaccurate reporting of this activity contained on our file amiably. However, rest assured we would pursue all legal rights therein to resolve this matter, both Federally and State.
These documents were sent Certified Registered Return Receipt via USPS.