Some solutions
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The "debt collector" is not the same person as your "creditor." "Creditors" are the people you actually owe money to. "Debt Collectors" are people or businesses your creditors may have hired to collect the debt. "Creditors" have more protection under the law. But "debt collectors" have serious penalties under the law if they do not follow the law exactly in attempting to collect a debt.
One option would be to write a letter to your creditors/debt collectors similar to that outlined below. It is important that the letter contains a date, that it is signed by you, and that you make a photographic copy (Xerox) of it for your records, after it is signed and before it is mailed..
Your name and Company [debt collector name] Re: (name on account and your account #) Dear [person who called you]: You have called me on the telephone [list EVERY date and time of day you have been called, for example, January 13, 2006, at 9:30 p.m., and again January 14, at 8:00 a.m., ...] concerning a debt in a certain amount which you say that I owe to [here list the people or business you are supposed to owe money to, like Sears, or Famous Barr, for example]. It is my understanding that the law does not permit you to contact anyone about this debt except me, and my [husband/wife] You are also not supposed to call me at inconvenient times, or to threaten to call my employer, neighbors, or anyone else. You are not supposed to harass me about this debt, or to threaten to harass me or contact my friends, neighbors or employer. Please send me written verification of your right to collect this debt, and the exact amounts you claim that I owe. Cordially. (sign your name above your printed name) [Your printed name] |
If you send the letter by registered, or certified, mail, you will be able to prove that the creditor received it on a certain date, which may help you if a law suit develops. No one can garnishee your wages, or attach your property without filing and WINNING --a law suit FIRST!
... the most accurate instructions on what to do are contained on the credit report that you need to first obtain from one or all three agencies in order to commence the dispute procedure. get the report, reference the disputed item correctly and follow the instructions contained in the relevant portion of the credit reportFOLLOWING ARE LINKS TO THE PLACES TO OBTAIN YOUR THREE FREE REPORTS:
<https://www.annualcreditreport.com/cra/index.jsp> free annual
<http://www.experian.com/>
<http://www.equifax.com/>
<http://www.transunion.com/index.jsp>
If you, or your attorney, send dispute letters to all three credit bureaus, with documentation or without, the credit bureaus must investigate and change the information that they have sent to you. Send all requests certified mail, return receipt requested, as they only have 30 days to respond (plus mail time of 5 days, I believe). Sometimes they will still come back that the information is verified, in which case you, or your attorney, have to argue some more.
If, after reviewing these pages, visitors choose to send me a brief message please IDENTIFY YOURSELF, including your City, State--and Country. I do not respond to ANY messages that are sent anonymously, do not have information in the subject line -identifying the nature of your request, -- or contain attachments. A RESPONSE TO ANY MESSAGE DOES NOT MEAN THAT I AM YOUR LAWYER, OR THAT I WILL AGREE TO REPRESENT YOU IN ANY LEGAL MATTER. IT IS EVEN POSSIBLE THAT I REPRESENT SOMEONE WITH INTERESTS ADVERSE TO YOU, AND YOU SHOULD NOT DIVULGE INFORMATION TO ME THAT MIGHT HURT YOUR CASE.
Thank you for visiting my web page. It was last updated on 04/30/06.
All pages on this web site are for general informational purposes only. Legal
concepts are based upon Missouri law, and general practice in local state and
federal courts. Before applying any general legal concepts to specific facts,
an attorney would have to be fully informed of the specific circumstances and goals of the
individuals involved, which would include examination of relevant documents and conferring
with the parties.
Peggy S. Hedrick,
Attorney at Law
Post Office Box 11027, Springfield Missouri USA 65808-1027
Phone: 417-862-5520 Facsimile # 417-862-8207
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