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How to stop invalid collections

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B

blink401

Guest
What is the name of your state? MN


Hello all,

I owe a debt, which I don�ft agree with the amount owed. I�fve dealt with the original creditor and received only constant threats of legal action. Now I just received a standard letter from a credit agency demanding payment plus additional late fees and interest of more than $2000. It doesn�ft seem very fair that any company can say you owe this or that plus whatever else they want to tack on.

My question is, will sending a cease and desist letter require them to stop collections, or does that only apply to collection attempts made after the SOL?

And more importantly, what can I do to force this off my credit report(s) when it shows up (and I assume it will)?

My ultimate goal is to block their collection efforts and force them to prove this in court. The only signed document that they have provided doesn�ft mention a dollar amount or a promise to pay.

Your help is appreciated.

Jim
 


G

gottago

Guest
1. If you don't want the collector to contact you, send them a certified, return receipt letter and tell tham to stop all correspondence. It is illegal for them to contact you after receiving that letter, except to notify you of changes in the account status.

2. If the debt is valid, and you owe money, they can place it on your credit report at any time, and it can stay there for 7 years.
 
As an ex collector it looks like you might do well to go to court. It may still affect your credit though if a judgement is entered for a lessor amount. I would send a detailed letter to the collection agency outlining your case and offer to settle for the amount that you think you owe without the extra fees.Tell them to go ahead and sue if they are not willing to settle for that amount. They will have a real hard time without a document stating the amount of the debt. If you don't really owe anything explain why in the letter.
Part of the settlement should be an agreement that the company has to remove any negative data about you if you pay them. Make sure that you get this in writing before you give them any money if it gets to that point. Usually in this case the agency will ask their client to put money up front for the lawsuit since there is a legitimate dispute. This will be more of an incentive for the creditor to settle for a fair amount. Collectors hate legitimate disputes and tend to hide them away for months or years in their desks.
 
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