Writing to Debt Collectors

Writing to debt collectors may seem like a daunting task.  What should I write; to whom should I write; or what will happen when I write to a debt collector are among the few questions you may be asking yourself as you are determining whether or not to write to a debt collector.  Do not worry.  You have every right to write to debt collectors, and you should under many circumstances.  Below is a list of circumstances in which you should write to debt collectors.

• If you are being contacted for the first time by a debt collector;
• If a collection agency transferred your debt to a new collection agency or collection attorney;
• If you believe that a debt collector is trying to collect a debt that is not yours;
• If you want the debt collector to stop calling or writing to you;If you dispute or believe that the debt collector's claims are inaccurate;
• If you want the collector to verify your debt.

If you have received your first collection letter, you should respond to it as soon as possible.  You have thirty days in which to dispute and request verification of it upon the receipt of your first collection letter.  Under 15 U.S.C § 1692g(b) of the Fair Debt Collection Practices Act (FDCPA), you have the right to write to a debt collector to dispute and request verification of your alleged debt.  When you request that a debt collector verify your debt, said debt collector must provide to you the name of the original creditor, the address of the original creditor, and the amount of the debt.  When you dispute your debt within the thirty day dispute period, a debt collector must provide this information before he or she attempts to collect your debt further.  If they continue to collect the debt, they have most likely violated the Fair Debt Collection Practices Act.  The enactment of the Financial Services Regulatory Relief Act has imposed stricter regulations on sending dispute letters within the thirty day dispute period.  

Letter Check List  

• When you write to debt collectors, you should send a copy to the original creditor;
• Send all of your letters by certified mail;
• Send letters to more than just one address, including the original creditor and the third-party debt collector;

• Keep copies of every letter, correspondence, or conversation made with the debt collector or original creditor.

When Not to Write to Debt Collectors

There are certain circumstances in which you should not write to debt collectors, including:

• If your debt is past the statute of limitations in your state;
• If you have not paid anything toward your debt in several years;
• If you have not been contacted in several months or years about your debt.

Please Note:  Every consumer debtor's situation is different.  We recommend that you contact a consumer law attorney in your state before you write or choose not to write to a debt collector.  He or she should be able to help you or refer you to an attorney who can help you with your specific situation.  To locate an attorney in your state, please refer to our attorney directory where you can find consumer law and bankruptcy attorneys.