Settle credit card debt » Creditor

Debt Relief And Single Mothers

admin — Fri, 24 Dec 2010 05:55:10 +0000

Single moms often find themselves with a considerable amount of debt. In many cases, they must start from scratch after a divorce. The debt quickly adds up, as they begin a new chapter in their life. However, there are options for debt relief for single moms.

If you are a single mom drowning in debt, it is important that you have a full understanding of how much debt you exactly have. In order to find relief from debt, be sure that you sit down and make a compiled list of all of your current debt. Once you have an accurate list, then you can more effectively work to eliminate it.

Many single moms do not have equity in a home. However, if you do, then you may want to consider a home equity loan that can be used for debt consolidation. With consolidation, you compile all of your debt into one larger debt. Although you are compiling the debt into a larger debt, over time you will save a considerable amount of money. Since you will only be paying one single interest rate, you will be able to save the amount of money you are paying towards interest.

If you do not currently have a home or do not have equity in your current home, you can look at obtaining a personal loan. With a personal loan, you can pay off your other debt, just like with a home equity loan. Debt settlement is one of the quickest and easiest ways to get out of debt, without filing for bankruptcy.

A debt settlement company will help to negotiate and lower your overall debt with your creditors. Your creditor will agree to accept a single payment to pay off your debt. Once the creditor accepts the single payment, they will then report to the credit bureaus that you have fulfilled your debt obligation. They will report to the bureau that you have either “paid” off your debt, “settled” or “settled for less than full amount”. When in financial hardships, creditors are generally willing to accept a lower amount than you actually owe. They do this because they realize if you file bankruptcy, they may receive nothing.

Credit counseling can also help with debt relief. Credit counselors can work with you to reduce your monthly payments and/or create a debt repayment plan. Though it may take longer to pay off your overall debt, you will be left with more money each month to pay other bills. Make sure that you choose a reputable counseling service. You can ask family and friends for recommendations or check with the Better Business Bureau.

In some instances, it may be necessary to file bankruptcy. By doing so, you can begin with a fresh start. There are two basic types of bankruptcy, Chapter 7 and Chapter 13. With Chapter 7, you will need to sell off your non-exempt assets in order to make an attempt to repay your creditors. However, with Chapter 13, you will make a repayment plan through the bankruptcy courts.

Debt relief for single moms may be easier than you once thought. There are a variety of steps that you can take in order to bring you one step closer to financial freedom. Most importantly, once you have reached a point that you are free from debt, that you stay at that point.

By: Lee Beattie

Cease and Desist Letter May Not Be Best

admin — Tue, 26 Oct 2010 23:07:22 +0000

If you want to stop a debt collector from calling you, the Fair Debt Collection Practice Act certainly allows you the ability to do so.

All you would need to do is write a letter to the debt collector and tell them to stop calling you both at home and at work. Though it is not necessary to send this Certified Mail – Return Receipt Requested, it is strongly recommended that you do so, as mail does get lost.

Once the debt collector receives your letter, the law requires them to stop calling you again except to say that there will be no further contact and/or to notify you that the debt collector or creditor will be taking a specific action.

Now here is where it can get sticky.

Although this will stop the debt collector from calling you, it does not make the debt go away if you actually owe the money. If you prevent the collection agency or the debt collector from calling you, then you might force the issue and leave them no other choice but to file suit against you and get a judgment.

Depending on your state you live in, this can prove harmful to your spouse if you live in a community property state. Further, your wages may be affected as they could request through court that they garnish your wages. If a judgment appears on your credit record, it could have a very bad affect when applying for a job.

I know how demanding and harassing a debt collector can be. Stopping them from calling is an easy process but it should not stop there. If you do submit a letter to stop a debt collector from calling you, use the breathing room to arrange the clearing of your legitimate past due debt.

It would serve you well to write a follow-up letter giving details as to how you intend to clear your past due debt. Such as a payment plan that you are willing to adhere too. Just do not over commit yourself.

The point here is that if you are going to have a debt collector stop calling you, you will need to keep the line of communication open through the mail and work on resolving you legitimate past due debt.

By: C Cruz

How Can I Settle Credit Card Debts Myself?

admin — Thu, 02 Sep 2010 05:11:58 +0000

The average American family these days owes at least $10,000 of credit card debt, plus a mortgage and at least one car payment. Many consumers have fallen into the trap of only being able to make the minimum monthly payment or worse make the payments on an irregular basis. Does this sound like you? Have you wondered “How I can settle credit card debts myself?

The answer to that question is through debt settlement, convincing your creditors to take less than the full amount owed. Like the pharmaceutical advertisements on TV, debt settlement isn’t for everyone.

Your accounts must be at least 6 months over due. In other words no payments have been made for 180 days. At that point the bank or credit card company will have written off the balance of the card. It is still a valid account but its worth to the bank is close to nothing. If you make a payment on the account its value increases and the creditor won’t negotiate.

You must have some funds available to pay at least 50% of what you owe. Most creditors won’t agree to anything much lower when negotiating with an individual creditor. Of course start the discussions with an amount that is 35% to 40% of what you owe so you have some wiggle room.

It’s fine to start the debt settlement procedure with a phone call but it’s best to get everything in writing. Your job is to convince the creditor that there is no way that you can possible pay more than what you’re offering to settle for. It may not be pleasant but if you’ve lost your job, gone through a divorce or have major medical bills to pay, the creditor needs to know that.

The creditor may insist that you make a payment, even just a small payment immediately, to show your good faith. But remember, if you do that you bring the account to day 1. Accounts must have had no payments for 180 days to be eligible for settlement.

Until the creditor has agreed, in writing, and you’ve made the settlement payment, the creditor can pursue legal action. As soon as you receive an debt settlement agreement, send in a check for the amount with a copy of the agreement by registered mail or overnight delivery. Some advisers say it’s best to put on the back of the check where it would normally be endorsed a statement that says For payment in full of account (and then your account number.

Debt settlement is one answer to the question: How Can I Settle Credit Card Debts Myself?

By: Dee Power

Consumer Credit Card Debt Relief Scams! Are They Real?

admin — Tue, 31 Aug 2010 16:13:58 +0000

I have been in the credit card debt relief industry for just about 10 years now and have been in the financial industry for over 20 years. The point of this article is to give people a heads up on debt relief companies also known as debt settlement or debt negotiation companies. I will give you the pro’s and con’s of this process and what to watch out for when interviewing a company to help you get out of debt. Before I go on I want to let you know that this will be a rather long article and by the end of it my goal is to have you understand how the debt negotiation/settlement process works in case you don’t already know and I would like you to understand the tactics of companies out there that do not truly have your best interest at heart.

First I would like to state that the process of debt negotiation as your means of consumer debt relief is not for everyone, some people are better suited for bankruptcy and others do not have the correct mindset to go through this process.

I would like you to first understand what debt negotiation is and how it works. The goal of a debt negotiator is to obtain a debt settlement for you on the current debt amount you owe your creditor. So for example you may owe one particular creditor $10,000 so the goal of the negotiator would be to have you end up paying back say $6,000. The two main benefits of going through this process are to save money on what you currently owe your creditors and to save time. By just paying the minimum payment with even a modest interest rate you will be looking at 30 or more years to become debt free, with a sound debt negotiation program you will be out of debt within 2-3 years or sooner depending on your current financial situation.

Now you must understand these are great benefits but as with anything in life there are drawbacks, nothing is perfect and this consumer debt relief procedure is no different. For starters your creditors will not be willing to negotiate a debt settlement at all if you are current with your monthly minimum payments. They would prefer you to stay on their credit treadmill for the next thirty years and pay them back over four times the balance in interest alone. So you must fall behind on your payments to put the creditors into a position where they will be willing to settle. Once you stop paying them the ball game changes completely and they will then be willing to talk in terms of negotiating a settlement.

So obviously for some people the beginning of this process will have a negative effect on their credit score. For those who are already falling behind then the negative effect will be no different than it already is. Unfortunately for some people this will be the deterring factor that keeps them from going into debt settlement making them a slave to their creditors for the next thirty years. The good news is that this negative effect does not last forever, in fact once the settlements start coming through your credit score will begin to rebound and go back up. The reason being over 30% of your credit score according to MyFICO is based on how much debt you owe. But if you are stuck in a bad debt situation even if you are current with your payments your score is probably not all that good in the first place, and besides when stuck deep in debt your focus should be on how to get out of debt as quickly as possible, not on your ability to accrue future debt.

Now by falling behind on your debts you must understand that these creditors are just not going to roll over and play dead, they will be calling to try and collect the debt. For some this is not a problem at all, for others it is, that is why I stated above this process is not for everyone and the consumer must be in the correct mind set. From my years of helping people there is no rhyme or reason to how many calls you will receive some clients of mine barely get calls while others get them almost everyday. Something to keep in mind too is that no company has the power to legally stop the calls, so any company that tells you they can is flat out lying.

As you can see like I said earlier there are pro’s and con’s, but if you can accept the con’s you will be quickly on the road to financial freedom and will save a lot of money in the process. Now to get to the meat of the matter and why I named this article “consumer credit card debt relief scams”.

We here in America over the past couple of years have been experiencing a very negative downturn in our economy. Thus putting many consumers in a compromising position financially, leaving boat loads of people stuck in credit card debt. So naturally this opened up a much larger market for debt negotiation. Many fly by night companies have been popping up all over the country, many of which are ex mortgage brokers who sold people bad loans and helped them get into this sticky position in the first place. Now I use the word scam which can take on a few meanings, while yes there are some companies out there that are flat out scams and have no intent on doing any work for you at all, most of the times that is not the case. Instead many companies simply do not give people all the facts on how debt negotiation works nor do they truly put them on a plan for success, which I will explain in a minute.

One common issue that most consumers have with debt settlement companies is they do not fully tell them about how the process works, instead they sugar coat things and just preach about the great benefits. I have spoken to countless amounts of people who have signed up with companies and were under the impression that they were going to stay current with their creditors and will never receive any calls. So needless to say this became a huge problem once they began.

Another major problem a lot of these companies have is deceiving people into the kind of savings they will be getting on their debts. Some companies will say they will save you 70% of what you owe. Now while they may get settlements that low what their opting not to tell you is how much you will be saving after you have A) paid them their fees, and B) paid back the creditors. Honest companies will tell you what your true savings will be. If you will save somewhere between 40-50% of what you owe including their fees and paying the creditors than that is pretty darn good. Plus many of these companies will try and guarantee a certain amount of savings, if you hear this run for the hills. NO one in this industry can guarantee a certain amount that is why it is called DEBT NEGOTIATION! They are negotiating to get a settlement for as low as they can get.

Then there are the companies who will let you pay whatever you can to get on their program. These are the worst because they do not truly have your interest at heart and know they are setting you up to fail and not succeed. You must understand to achieve the type of savings I stated above this process should take no more than three years, preferably two or less. And the bottom line is some people simply cannot get it done in that time frame and should realistically be looking into bankruptcy. What these unscrupulous consumer debt relief companies will do is put you on a program for 4 or more years and basically accepts whatever payment you can afford. Knowing full well you are not going to be saving much of anything and will more than likely fail off the program, all they care about is getting the fees and that is it. An honest company will diligently review your budget with you and make sure this is something that you can manage, as well as fully explain to you both the benefits and drawbacks of doing this. And let you make the conscience decision as to whether this is the best consumer debt relief method for your situation.

Another very good way to evaluate a company is to make sure they are registered with the BBB (Better Business Bureau) and that they are in good standings with very few complaints. And if there are complaints make sure they were resolved to the clients liking.

By: Stephen Bis

Civil Summons For Credit Card Debt? Don’t Make These Mistakes!

admin — Tue, 13 Jul 2010 00:30:23 +0000

Observations on the Most Common MISTAKES Consumers Make When Faced with a Credit Card Debt Lawsuit

1. Consumers ignore notices for Court.

Never, ever ignore a notice from the court. If you suspect it’s a fake (some FDCPA Violators a.k.a. “junk debt buyers” have been caught sending out fake documents that resemble a summons) please call your local courthouse and ask them for verification. A court clerk generally answers the phone and can search by case number or by your name.

The creditor is counting on you either not receiving the notice or not responding to it thus granting them a a default judgment. A default judgment means they WIN and can now garnish your wages and freeze your assets. You may not even receive of the judgment until a wage garnishment attachment is in place.

2. Consumers fail to respond to summons.

Many consumers feel guilty about their debt(s) and fail to respond to the summons within the time-frame indicated. Even if your debt is valid, within SOL and you want to settle, YOU STILL NEED TO RESPOND TO THE SUMMONS WITH AN ANSWER within the time-frame granted (from the date of service) which is usually 20 to 30 days.

I’ve seen too many cases where the consumer works out a deal directly with the debt collector (Plaintiff) and never responds to the court placing that responsibility on the Plaintiff. Guess what? Plaintiff never withdraws their suit and now they have a default judgment in addition to whatever monies they’ve already collected from the debtor.

3. The following practice by debt collectors seem to be an increasingly common (and sleazy) occurrence. The debt collector may sue a consumer is Court. Instead of using the Sheriff to serve the summons, the collector likely will opt to use a special process server. (This is what happened to me!)

The consumer never receives the summons because of improper service (summons was left in an obscure location on the property, with a neighbor, etc.) thus the consumer never answers the complaint, and the debt collectors win a default judgment. BUT, the debt collector sits on the judgment and waits two to three years before executing on it…usually by a surprise wage attachment. The first the consumer ever knows of the suit or judgment is when their wages are garnished. The consumer will have a hard time trying to get the Court to vacate the judgment after two or three years. And the wage garnishment will stand.

This is another excellent reason to sign up for credit monitoring so you will know immediately if something like this has happened. Additionally, many district courts have websites where you can search for your name, not a bad idea to do on a monthly basis if you suspect a collector will be filing a suit against you.

4. When served with a summons (if you are even served), immediately contact an attorney. If you can’t afford an attorney, you can file Pro Se, which means you represent yourself. But by all means, file the answer within the 20 to 30 days indicated! You may qualify for legal aid AND there are resources out there to help you draft your documents, check my links for referrals.

I recommend sending a Notice Of Appearance (this instructs the Court that you are an active participant in the lawsuit and that you should be informed of all communication at a designated address.)

You need to file the Answer to Complaint, Affirmative Defenses document which answers their numbered allegations with an Affirm, Deny, or Lack the Knowledge to Answer type of statment. On the same document you then go on to assert common defenses to credit card debt lawsuits such as out-of-statute, statute of frauds, etc.

You also need to send a Certificate of Service that proves you mailed your Answer documents to the Plaintiff as well as filed them with the court. AND, I highly recommend you send a Cease & Desist Letter to the Plaintiff (read my post about How To Intimidate Debt Collectors for a great tip to use w/ this letter!) that instructs them to only contact you via written correspondence and bars them from contacting your employer, friends, relatives and neighbors.

You should also consider initiating “Discovery” by serving them with a Request for Production of Documents. Basically, you want to put them on notice that you are aware of your rights, are not going to roll over and accept a default and MAKE THEM PROVE THEIR CASE!

It’s well known that third-party debt collectors often only have an affidavit of debt to go off of. If you don’t request any documentation that is enough for them to win or obtain a judgment. However, if you request documentation they must furnish it at a hearing. If they can’t, you win!

For more information about how to fight a credit card debt lawsuit or to purchase my Word & PDF Fill-in-the-Blank templates for Notice of Appearance, Answer, Discovery, and more please visit ihavebeenserved.info.

You have nothing to lose by fighting these predatory debt collectors and everything to gain!

By: Jay M Johnson

Now Is The Time To Settle Unsecured Debt

admin — Sat, 03 Jul 2010 02:23:49 +0000

Debt settlement has been designed to help people whose unsecured credit accounts has fallen behind, it is an aggressive plan to help save as much money as possible in the least of time. The current economic situation of our country is dictating more and more banks seek solutions that will help them avoid losing money. Now is the time to go after settlements if unsecured credit accounts have fallen behind.

Settling unsecured debt is not easy, it is a process of tough negotiation, of patience and of knowledge. Today more banks are offering to settle accounts that are delinquent anywhere from ninety to one hundred and sixty days, this period is essential for any person looking to settle his/her accounts. First the banks want to settle in order to minimize losses and also not to send accounts to collection agencies.

Aggressive is the word that best describes debt settlement or debt negotiation, this is in fact because all accounts have a window of opportunity to be settled on as I mentioned before. This does not mean that if an account is referred to a collection agency it cannot be settled on. Yes, accounts can also be settled with collection agencies and sometimes it is better an account is let go to them. here is where the knowledge and patience part of negotiation comes into play because collection agencies play harder than original creditors.

Collection agencies will be relentless in their pursuit of a client, they will call a persons home, job, neighbors, etc.. If there is an excellent negotiations firm behind the client this stress can be minimized. Reason number one debt settlement companies or firms came into existence, to lessen clients stress.

In the case an account cannot be settled with the original creditor or a collection agency it may have to be settled with a collection lawyer. Accounts have a natural cycle and no one can stop it, the only action that can stop it is to negotiate settlements. Lawyers are extremely adept using scare tactics to bring clients into paying amounts of debt that have accumulated interest rates, late fees, etc… They will threaten with lawsuits, liens and many more tactics to get a person to buckle down and pay amounts of money not originally owed. Many actions by lawyers can also be avoided if addressed correctly by your debt negotiations firm.

Bottom line is, debt settlement is aggressive on both ends of the stick. Clients must learn to be as tough if not tougher than collectors. Patience is of the essence and not all settlements are to be taken first shot. Experience negotiating debt must be displayed, or collectors will eat a person alive. There are many firms with a reputable reputation that will do a fine job, that will keep stress levels down and not charge an arm and a leg for their services all we have to do is look and investigate far enough and we will find the solution that will help us eliminate our debt in the least amount of time possible.

By: Eric Gartle

Debt Settlement In Florida

admin — Sun, 20 Jun 2010 11:57:57 +0000

Thousands of people across the country are faced with overwhelming debts on a daily basis. Many of these people feel that filing for bankruptcy is the only viable option to remove themselves from debt. Fortunately, debt settlement, which is also known as debt reduction or debt negotiation, exists. It is a way of reducing debts that does not involve completely destroying a credit score.

Debt settlement is a new way of dealing with debt and credit problems. It involves negotiating a debt settlement problem with a creditor. Typically, a debt counselor will help in the negotiation of the plan to remove debts. This whole concept is a legitimate solution for consumers whose credit card debt is overwhelming. The concept is equally useful for people who have fallen behind on payments as it is for people who are barely able to afford the minimum payment.

Unfortunately, no solution to debt is completely free from potential downsides. Debt settlement, like other options, will have a negative effect on a person’s credit rating. Fortunately, this will be less drastic than if an individual files for bankruptcy. There is also the possibility that the creditor will take legal action to collect the full amount owed to them. The final potential downside is that creditors will continue to call until the debt is settled.

The potential for negative consequences is diminished in Florida due to the state’s favorable debtor laws. Florida provides its citizens with numerous rights and protections concerning past due amounts on unsecured accounts such as medical bills, credit cards, repossessions, and personal loans.

All states have laws that require collection agencies to stop contacting a consumer if the consumer sends a Cease and Desist letter or a Power of Attorney letter which tells the collection agency that a third party is responsible for handling all communications with the creditor. Florida protects its citizens more by limiting the harassment from collection agencies as well as the original creditor (this is the bank or credit card company). The same laws which regulate and restrict what a collection agency can do also restrict the harassment abilities of original creditors.

In addition, Florida has set up laws that frequently completely protect a debtor’s wages and homes. Wages are protected by the state’s wage garnishment laws. This legal structure gives a creditor more of an incentive to settle.

Many cases, despite all of these protections, do end up in court. This is because creditors always have the right to sue a debtor as a means of collecting a past due amount. This is true regardless of whether the consumer has taken any action to resolve outstanding debt.

By: Joseph Devine

Is Credit Card Debt Settlement the Way to Go?

admin — Wed, 26 May 2010 15:39:03 +0000

If you currently face a financial crisis due to unforeseen hardship, you may have considered settling your debt. But, how do you know credit card debt settlement is the right way to go? With careful consideration and planning, it may be the best option to get out of debt.

What Does It Mean to Settle Debt?

You may find yourself paying minimally on your credit card each month, only to find that the next month you owe more than you did previously. It is an vicious cycle caused my high interest rates and late fees. Debt settlement stops this process and allows you to negotiate a lump sum payment to your creditors. However, you must stop all payment in order to get debtors to cooperate with you.

Once you stop payments, your debt settlement company will work out a deal with your creditors. Rather than taking out a loan, you negotiate down what you owe to a reasonable amount that satisfies both parties.

By working with your creditor to repay your loan, you regain their trust and begin rebuilding your credit. Due to the current economic crisis, more and more credit card companies are will to settle with consumers. Remember, debt settlement is only good for credit cards. You may not settle debt for other financial obligations such as students loans, mortgages, or car loans.

How Does the Debt Settlement Company Work?

Typically, debt settlement agencies have a long-standing relationship with creditors and can settle debt quickly. They work on your behalf to settle debt for a lower percentage than what you owe so long as you agree to make monthly payments on time. They are able to negotiate a payment between 35%-50% of the money owed.

The company will charge an upfront fee for services. Once your fee has been paid and you have stopped paying all creditors, negotiations begin. Once you negotiate, you begin redirecting your payments to the settlement companies.

Remember that some creditors will strongly resist settlement. Though you are most likely to settle all debt, some may be more difficult than others to negotiate down.

How Do I Find a Debt Arbitrator?

Finding the right company to advocate on your side may seem tricky. However, by checking references and reviewing compliance on the BBB website, you are sure to find the right representative for your needs. Research several agencies before settling on the right one.

By: Hector Milla

How to Beat the Bill Collector With Sample Cease and Desist Letter

admin — Tue, 27 Apr 2010 10:10:57 +0000

Debt collectors are highly motivated to convince debtors to pay the debt because they frequently work on a low base pay plus commission. This business model has created the reputation for bill collection agencies that we know today.

The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.

There are three reasons for a debt collector to contact you: your creditor has not received a payment from you within the time frame discussed in the contract; you are a victim of an identity theft meaning someone used your identity to obtain credit and didn’t pay it off; and finally, you might be contacted by collectors who are looking for someone other than you.

When contacted by a collector, take as much information as possible from the caller. Ask for the name of the company, address, the caller name, fax and phone number, amount owned, and the name of the creditor who passed your account to them. Also, tell them you expect to receive a notice in the mail concerning this debt. The last step is very important because you need to have proof of the debt in question in writing.

If you discovered that the debt is not yours, never pay it off simply to get rid of the collector. Also, never ignore the collector either. They will not stop contacting you, and may even file a lawsuit against you. If you are repeatedly being contacted by a collector looking for someone other than you, it may be considered a form of harassment. To stop this you need to send them a letter requesting to cease calls.

If you established that the debt is yours and you don’t feel comfortable dealing with a collector via phone, tell them you want all future correspondence in writing. You need to send this request via a certified mail and request a return receipt. If you want to allow calls only between 5pm and 6pm, tell them about it in the letter. By law collection companies are required to respect your privacy and will have to cease all phone calls to your home, relatives, neighbors, and work.

Once you have their claims in writing it’s easier to seek legal help, and keep records of your correspondence. Send all your responses to bill collectors via Certified Mail. This way you will have proof of receipt by the addressee.

Remember that the amount they claim you owe is negotiable. You can negotiate the total amount due, number of payments, and the payment deadline. Once you worked out the payment plan, request it in writing.

What a debt collector CANNOT do:

1.) Use deceptive practices. For example, threaten you with arrest or trick you into paying for collection calls.
2.) Use obscene language.
3.) Call you at work after you tell them that your boss does not approve these calls.
4.) Deny you the right to receive a written notice (within five days after your first phone conversation) that would tell you how much you owe and the name of the creditor that says you owe the money. If you do not receive the notice within five days, call the collection agency and ask for its address and fax number. Then, send a letter to the collector noting its failure to send you the required notice. As a minimum, make a note in your file.
5.) Refuse to give its name and the name of the collection company when asked.
6.) Put a debt on your credit report if you file a dispute. It must validate the debt by obtaining a verification of the debt or a copy of a judgment from the creditor before continuing their collection efforts. The results of the investigation must be mailed to you.

SAMPLE CEASE AND DESIST LETTER

The cease and desist letter has legal stature based upon the Fair Debt Collections Practices Act at section 805. You can read it for yourself here. The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.

Please note that when a consumer debt collector receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you, the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I’d suggest that you try it first. If there is no alternative then send the cease and desist letter.

Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. The letter may take a couple of weeks to work its way through the collection agency’s system before your number is taken out of their automated dialers. Even after they receive the letter they are allowed (under law) to contact you one time to notify you of their intent.

The below letter is easily personalized by utilizing a word document program. Although not the cease and desist letter currently utilized by Credit Restoration Consultants, it will serve to notify consumer debt collectors of your intent and purpose. Although protected by copyright, single user permission is granted to individuals in the self help credit restoration process.

My Address
My City State and Zip

December 30, 2001

Acme Collection Agency
12345 West Main Street
Any Town, AL 30311

Dear Sir/Madam:

This letter is forwarded to your collection agency reference account number 123456 and the dunning collection notices/calls recently received. Insofar as your agency is a debt collector pursuant to section 803 of the Fair Debt Collection Practices Act, you will be treated like one. Therefore, the Fair Debt Collection Practices Act – and all of its relevant provisions – will be invoked.

YOU ARE HEREBY NOTIFIED that this is a disputed debt pursuant to section 809 of the Fair Debt Collection Practices Act. The specific content of said dispute was recently stated – verbally – to an individual at your agency who refused to provide their name upon request thereof. Pursuant to the FDCPA, you are prohibited from dunning a debtor when a specific debt is disputed.

YOU ARE FURTHER NOTIFIED that this is a disputed debt pursuant to section 623 of the Fair Credit Reporting Act. It is my belief that your agency has illegally reported this disputed debt to Equifax, Experian, and Trans Union. If this is the case, I will most certainly litigate an action against your agency insofar as it has willfully reported a disputed debt. Pursuant to the FCRA, your agency must notify the consumer reporting agencies of any disputed delinquency immediately upon notification thereof. A further cause of action may exist for failure to perform this ministerial task.

YOU ARE FURTHER NOTIFIED that I desire no further communication with your agency under section 805 of the Fair Debt Collection Practices Act. Your agency is to CEASE and DESIST all further communication immediately. Should I receive another piece of dunning correspondence that does not comport with the provisions of the FDCPA, I will immediately initiate litigation against your agency.

Sincerely,

John Q. Public

THIS IS AN ATTEMPT TO MAKE A DEBT COLLECTOR OBEY THE LAW. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM AN ALLEGED DEBTOR REFERENCE A DISPUTED DEBT.

By: William E. Lewis, Jr.

Debtors, Creditors, and Debt Explained

admin — Tue, 27 Apr 2010 04:14:10 +0000

Reading through most financial institutions and lending company disclosures can be confusing. They throw a significant amount of legal terminology and often label specific individuals and groups of individuals by names such as debtor and creditor. This can make it confusing since there are so many different definitions.

These terms however are not difficult to understand and often when you understand these terms, what they mean and how they apply to the disclosure it can make it easier to read disclosures and understand your rights as a person who is obtaining credit and incurring a debt. There are a number of rights and responsibilities that people who are given the classification of debtor for the purposes of the agreement. The term or label of debtors tends to send up negative connotations in many people’s minds because of the stigma that is placed on the term debt.

Debt in and of itself and being a debtor in and of itself is not a bad thing. It simply means that a debt has been taken out and the debtor is the person who has taken this debt out. More often because of these negative connotations, you may find debtor inner changed with lendee, in other words the person to whom money was lent. Alternatively, with credit cards you may see it interchanged with the term cardholder or applicant in some cases. In most cases, however the term debtor is usually replaced with borrower. All of these terms can be used interchangeably based on what type of document or disclosure is being used.

A creditor is slightly easier to understand in any of its forms. A creditor is a lender, a credit card provider or financial institution when it comes to lending out money and providing line of credit. A creditor can also refer to a company who is attempting to collect a debt. This can be the original lender or it can be used to refer to a collection agency, which is in charge of collecting a debt. In some cases, a creditor may be a lawyer’s office or a separate company. There are a number of different types where you will find the term creditor.

As with the term debtor, there are a number of negative connotations and reflections that are made when people hear the term creditor because it is so often used as a way to describe those who collect debts. Normally, you would have only minimal interactions with your creditors and this contact usually exists simply in the form of bill and payment. It is only when debts become overwhelming that the word creditor becomes something to avoid and the word alone because of the negative connotations attached to it, cause a great deal of stress and anxiety for people who are having difficulty with their debt. It associated with a stereotype of calls that are received when people are having difficulty making payments. However, the term creditor covers a much broader base than this.

Debt, it covers a wide range of different expenses. It primarily refers to credit purchases that are paid off over an extended period of time. For example, credit cards, mortgages, car loans, even leases can be considered debt. The biggest category of debt that is going to create problems for people is going to be credit card debt. The reason for this is that this type of debt has not only a variable interest rate but also one that can increase rapidly and quickly create a difficult situation.

Debt however if managed correctly can provide you with a number of benefits. Being debt free is often considered to be an ideal situation however there are disadvantages to this. Everyone considers debt to be a bad thing; this is because it so often becomes something that creates stress, anxiety and financial difficulties. However, debt in and of itself is not a bad thing. In fact, it can be quite useful provided that it is not allowed to take over your finances. Many organizations at credit history, the way you managed your debt before they lease an apartment or approve you for a loan.

This is because it shows a viable record that you made payments on a debt in a timely fashion. There is no way to measure this without debt and so in these situation you may end up having issues obtaining the approval you need because of a lack of history to prove that you have paid off credit cards and other forms of debt promptly and in a responsible manner. Debt can be something that overwhelms you or something that provides you with the means to lease a home or apartment purchase a car or obtain a personal loan. Many people when they first start out working with credit based purchasing do not realize the danger of credit card debt. They also do not realize how quickly credit card debt can get out of hand. It is important to ensure that debt is managed carefully in order to not allow it to get out of control. Once debt reaches the point where it overwhelms you, financially it can be difficult to get back under control and it has far-reaching effects. Many negatives stay on your credit report for years in some cases it can be more than a decade before a negative mark is removed from your credit and even more time before your credit score recovers.

This is why it is important to make sure that you know what your rights are, what debtor, creditor and what debt is. These definitions and the various replacements for them such as borrower, lender and so forth are necessary in order to ensure that you know exactly what is written in the terms and agreements that you sign when you take out a loan or credit card. This is the first step to ensuring that you make the right decisions when it comes to the types of debt and types of lenders that you borrow from.

By: John Mazzara