Collection agency debt validation letter

A collection agency debt validation letter is the topic of this blog post.  Debt validation letters are authorized by the Fair Debt Collection Practices Act (FDCPA) provision found in Title 15 United States Code section 1692g(b) which allows consumers to send a written communication to any third-party debt collector such as a collection agency that their claim is disputed and validation is requested.  

Section 1692g(b) also states that if the consumer notifies the debt collector in writing within thirty days that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

You should send any debt validation letter within thirty days of receiving any communication from a debt collector as in most cases this will prevent the debt collector from any further attempts to collect the debt until they have obtained verification of the debt.

If the debt validation letter is not sent within thirty days the debt collector may continue attempts to collect the debt while they obtain verification of the debt.

Title 15 United States Code section 1692g(c) states in pertinent part that even if the consumer does not dispute the validity of a debt within the thirty day period that failure to dispute the validity of any debt may not be construed by any court as an admission of liability by the consumer.

The first thing to do after receiving any communication from a debt collector is to first determine if the debt may be valid or not as the use of a debt validation letter may not be a good idea where the debt is clearly valid as sending the letter may prompt the debt collector to not only verify the debt but also take further collection actions. However if the name of the creditor is listed on the collection agency notice and you do not recognize the name of the creditor than the use of a debt validation letter should be seriously considered.

Attorneys or parties who would like to view or download a sample debt validation letter to a collection agency created by the author and available for FREE download in Word format can use the link shown below.

Sample debt validation letter to collection agency

Attorneys or parties who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

View over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

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You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
 

 

 

Written demand to cease and desist to collection agency

A written demand to cease and desist to a collection agency is the topic of this blog post.

Consumers have the right to send a written demand to a third-party debt collector such as a collection agency to demand that they cease all communications if so desired, or that all telephone communications be ceased.  

Demands to cease and desist to a collection agency are authorized by the provisions of the Fair Debt Collections Practices Act (FDCPA) found in Title 15 United States Code sections 1692c and 1692k. The FDCPA states in pertinent part that any consumer may send a written demand to any third-party debt collector such as a collection agency. The State of California has a law which is much broader in scope and is known as the Rosenthal Fair Debt Collection Practices Act which has a provision found in California Civil Code Section 1788.17. This provision authorizes the use of a cease and desist letter to any debt collector regardless of whether they are the original creditor or not.

A collection agency cease and desist demand should be sent by certified mail, return receipt requested so that the consumer has documentary evidence that could be used in court if the collection agency does not comply as continuing collection efforts after being notified in writing to cease and desist is a violation of both the California and Federal versions of the FDCPA.

Copies of all written communications as well as all documents and receipts that relate to the mailing such as the signed return receipt for the certified mail should be made by the consumer.

Additional ways in which debtors can deal with any debt collectors including collection agencies will be discussed in future blog posts.

Attorneys or parties who would like to view or download a sample collection agency cease and desist letter created by the author of this blog post and available for FREE download in Word format can use the link shown below.

Sample cease and desist demand to collection agency

 

Attorneys or parties who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

View over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

Abuses by debt collection companies and damage to credit reputation

Abuses by by debt collection companies and damage to credit reputation are the topic of this blog post.  This blog post was written by Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE).

The issue of abuses by debt collection companies is a very important one.  The law recognizes that legitimate debts should be collected to ensure the efficient functioning of the economic system. The law also recognizes however that abuses by debt collectors are a reality.  And some of those abuses, whether negligent or malicious, can give rise to claims for damage to credit reputation.

Some debt collectors and collection agencies are just doing a difficult job as best as they can. Others however have little or no regard for any abuses that they may inflict/impose on a consumer while collecting on a debt. Still others have little or no regard for adhering to ethical practices, as defined by state or federal laws. 

Common debt collection abuses that could give rise to a claim for damage to credit reputation include but are not necessarily limited to:

-           Reporting of information known to be inaccurate such as an inflated balance due or where the debt has already been paid in full or otherwise satisfied.

-           Balance Collections – common in medical billing.  The medical treatment provider accepts what the insurance company has paid settled-in-full, and then turns what it considers the unpaid amount by the insurance company as a balance due.   Sometimes they do not even bill the patient, and when the unsent bill is not paid, send it over to the collection agency,

-           False or negligent reporting of late payments when no late payments were made.

-           The sale or other transfer of an alleged debt between various debt collectors that results in multiple derogatory items appearing on a credit report for a single account.

-           The intentional and fraudulent practice of “re-aging” a delinquent account that is more than seven years old so it can continue to be reported in credit reports.

-           The negligent reporting of a derogatory item that is more than seven years old on credit reports.

-           Intentional or negligent reporting of a debt that is in fact owed by another person or is the result of identity theft.

Serving a consumer with legal process at an address where they have never lived, or where they have moved from several years before the alleged service in order to obtain a default judgment that is void for lack of valid service.

The knowing or unknowing use of unethical process servers who fraudulently claim that a consumer has been served with legal process when in fact the consumer was never served in order to obtain a default judgment that is void for lack of valid service. 

The law generally provides that consumers are generally barred from bringing certain actions for defamation against consumer reporting agencies, credit report users and informants. An action may be maintained, however, as to false information furnished with malice or willful intent to injure the consumer.  See California Civil Code §§ 1785.31, 1785.32; see also 15 USC § 1681h(e).

Section 1681m of the Fair Credit Reporting Act regulates the use of consumer reports. It prohibits a creditor from selling, transferring for consideration or placing for collection a debt where a consumer reporting agency has notified the creditor that the debt has resulted from identity theft. 15 USC § 1681m(f).

Section 1681m of the Fair Credit Reporting Act also states that if a debt collector acting on behalf of a third party is notified that information relating to a debt to be collected may be fraudulent or the result of identity theft, the debt collector must (1) notify the third party that the information may be fraudulent or the result of identity theft; and (2) upon request by the consumer, provide the consumer with all information to which he or she would otherwise be entitled if the consumer were not a victim of identity theft but wished to dispute the debt. 15 USC § 1681m(g).

This blog post is an excerpt from the book, 5 Steps to Successfully Recover Credit Reputation  Damage. 

If you would like to receive more information on credit damage measurement click here: www.creditdamageexpert.com  

Copyright Georg Finder, all rights reserved. Posted with the express permission of the author.

Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE), is an expert on credit reporting violations and credit damage measurement. He has more than 15 years experience evaluating credit reports and appearing for both plaintiff and defense.  Mr. Finder has authored numerous articles, including his upcoming book, Divorce credit smarter, not credit out-smarted. He is an MCLE provider on credit report issues and credit reputation damage compensation. Learn more about Georg Finder and his services at www.creditdamageexpert.com  

The creator and owner of this blog, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.



Follow Stan Burman on Twitter at: https://twitter.com/LegalDocsPro

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http://www.legaldocspro.com/downloads.aspx

Sewer service by debt collection companies

Sewer service by debt collection companies is the topic of this blog post.  The term sewer service is based on and refers to figuratively and in some cases literally throwing the summons and complaint in the sewers near the homes of defendants such as debtors and then obtaining a default judgment from the court by filing a fraudulent proof of service.  The great majority of cases that I work on are from the State of California although the basic principles discussed in this blog post should be quite similar throughout the United States.

The practice of sewer service is both despicable and absolutely illegal, yet it has been going on for over 40 years in various types of litigation cases and is growing more and more widespread all over the United States, particularly in debt collection cases involving debt collection agencies and debt buyers.

It should be noted that any judgment entered without valid service of process is void anywhere in the United States as the United States Supreme Court ruled unanimously in a case that was decided over 25 years ago that any judgment entered where the defendant was not properly served is void, violates due process and can be set aside at any time.

I honestly do believe that most process servers are honest and would never falsely claim that they served someone whom they had never served. However I also know from my own personal knowledge working in California and Federal litigation since 1995 that extreme cases of sewer service are a fact and I will briefly describe just two of the more outrageous cases I have worked on.

I recently worked on a case where the defendant was supposedly served by substituted service at a mail drop that he had not used as a mailing address for over 2 years, the lawyers for the plaintiff had sent a demand letter to a post office box several months before.  The defendant had no knowledge of the lawsuit or judgment until he was informed by someone that the real property he had sold to them had a lien on it. He then went to the Courthouse and copied the entire Court file. The documents show that one process server with one company had went to the mail drop office several times but that they “cannot verify the address is still used by the defendant”. Another document filed several months later by another process server with another company claims that they performed substituted service on the female employee “who verified the address is still used by the defendant.” 

Several years ago I worked on another case where on the exact date and time that the alleged service was made the defendants were on an airplane and were flying to the Philippines!

Situations such as the two I described earlier are generally good situations in which to seriously consider filing a motion to vacate the default and judgment under Code of Civil Procedure section 473(d) on the grounds that the default and judgment are void due to defective service of process resulting in a judgment void for lack of personal jurisdiction and also request that service of the summons and complaint be quashed.

Attorneys or parties in California that would like to view a portion of an 11 page sample motion to vacate a void judgment under Code of Civil Procedure section 473(d) and quashing service containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample motion to vacate judgment and quash service for California




Attorneys or parties who wish to view portions of over 300 sample legal documents for California and Federal litigation created by the author of this blog post can use the link shown below.

Over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx
DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.