HOW TO PROPERLY DISPUTE A DEBT WITH A DEBT COLLECTOR

The Fair Debt Collection Practices Act requires that debt collectors, within 5 days after their first contact with you, send you a specific written notice containing the following information and other important notices of your legal rights:

  • The amount of the debt
  • The name of the creditor to whom the debt is owed
  • A statement regarding your right to dispute the debt
  • A statement regarding your right to obtain verification of the debt
  • A statement that the communication is from a debt collector

If you properly dispute the debt in writing, the debt collector cannot continue any collection of the debt until verification of the debt is provided to you. A debt collector's failure to provide you with a proper initial written notice entitles you to money damages plus the debt collector has to pay your attorneys fee. The same is true if you properly dispute the debt in writing and the debt collector fails to verify the debt or continues collection activities without providing verification to you first!

The notice of dispute of the debt MUST be made in writing in order to have the proper legal effect. You should also send the letter by certified mail, return receipt requested, or some other form of delivery where you will be able to prove that it was received by the debt collector. They will probably deny receiving your letter and it will make your case much easier if you have the certified mail "green card" or some other proof of delivery. Make sure to save a signed copy of your letter too!

Your letter does not have to be in any specific form, but it should clearly state all of the following:

  • That you want the debt collector to cease all communications with you and any third parties regarding the debt;
  • That you dispute the validity of the debt (or some portion of the debt if you believe the amount is incorrect); and
  • That you are requesting specific documents to verify that the debt belongs to you and that you owe the exact amount they are attempting to collect.

If a debt collector has failed to provide you with the initial written notice of your rights or has failed to verify the debt after you disputed in writing, or is otherwise violating your rights, call Luxenburg & Levin's experienced fair debt collection attorneys toll-free at (877) 861-3756 to find out how we can help you or complete our online for a free FDCPA case review. We are always willing to review any written correspondence from debt collectors. We can often find actionable violations of the FDCPA in the wording of debt collection letters. As always, our review is at no cost to you!