what to do when you get a letter from a lawyer for a debt collector

by Ana Howe 8 min read

You Should Contact Your Attorney The first thing you should do after receiving a debt collection letter from a lawyer is read through it. After you understand more of what the letter is about, you should contact your own lawyer to discuss it.

Four Steps to Take if You Received a Debt Collection Letter From a Lawyer
  1. Carefully Review the Letter to Determine the Claim. ...
  2. Consider Sending a Debt Validation Request. ...
  3. Gather and Organize All Relevant Financial Documents and Records. ...
  4. Be Proactive: Debt Does Not Go Away on its Own.
Aug 12, 2021

Full Answer

How to respond to a debt collection attorney?

Business debt collection letters should be taken seriously and you should try to respond to the request as quickly as possible. Avoid ignoring them since this could escalate the issue. Try communicating with the creditor and get legal advice so you know your rights and options. Start by verifying the details in the letter.

Does an attorney have to send a letter of debt?

This rule exists because collection agencies know that a letter from an attorney is more likely to frighten the consumer into paying the debt than a letter from a collection agency would be.

When do you need a debt collection attorney?

  • allow the creditor to obtain a judgment against you (called a "default judgment")
  • defend the lawsuit yourself, or
  • hire an attorney to represent you in the lawsuit.

Do debt settlement letters really work?

Your results will vary based on your ability to save funds for settlement offers and your creditors’ willingness to settle your debts. Even if your creditors say they do not do settlements, you will see many of the major credit card banks like Discover Card, Capital One, Citibank, FIA Card Services, Barclays, and American Express.

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Why would I receive a letter from a law firm?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution, but they can also be used to demand specific actions. Having your attorney draft a demand letter can be a wise move because it gives the recipient a chance to rectify the situation without facing a lawsuit.

How do I respond to a debt collector letter?

I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.

Should I respond to a letter from a debt collector?

You should not ignore a debt collection letter as not responding to them in time (or at all) can lead to the collection agency filing a lawsuit against you. Not only will this result in you being responsible for additional fees, but it can allow them to take legal action to get the funds from you in other ways.

How do you defend against a debt collector?

7 Ways To Defend a Debt Collection LawsuitRespond to the Lawsuit or Debt Claim. ... Challenge the Company's Legal Right to Sue. ... Push Back on Burden of Proof. ... Point to the Statute of Limitations. ... Hire Your Own Attorney. ... File a Countersuit if the Creditor Overstepped Regulations. ... File a Petition of Bankruptcy.

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.

What happens if I don't answer debt collectors?

If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.

What happens after debt validation letter?

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

What do you say when disputing a collection?

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...

Can you dispute a debt if it was sold to a collection agency?

If you do have a legitimate issue with a debt collection that shows up on your credit report, you can dispute it through the collector or the credit bureaus. To contact the collector directly, be sure you file a letter in writing within 30 days of first receiving communication about the debt.

How do I settle a debt lawsuit?

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.

Can you be imprisoned for credit card debt?

The short answer to this question is No. The Bill of Rights (Art. III, Sec. 20 ) of the 1987 Charter expressly states that "No person shall be imprisoned for debt..." This is true for credit card debts as well as other personal debts.

What is the magic 11 word phrase?

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again – by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.