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ASK YVON

By: S. Yvon Harper, CEO

Focus on Finance, LLC

 

Debt Collection Defense

 

Imagine this. You’ve worked all day, rush hour traffic was gruesome and you finally arrive home to have some peace and quiet. Then it begins. The phone rings continuously with the same 800 number until you finally answer it. The voice on the other end of the phone begins to reference a bill that is not yours and states they are a debt collector for XYZ Collection Agency. So what do you do?

 

Unfortunately, this scenario is beginning to happen more often than what you may think.  Many companies are now turning to debt collectors to help ease the pain of getting bad debts off their books. In some cases even when the debt is not owed in the first place or was legally discharged through court proceedings, such as bankruptcy. Consumers need to know that you have rights under the FTC’s Fair Debt Collection Practices Act (FDCPA).



Yvon Harper


It is critical that you take steps to address debt collectors, especially when the debt is incorrectly credited to you. Here is what to do if you are contacted by a debt collector for a bill that is erroneously credited and attempted to be collected on.

 

1)     Don’t ignore the debt agency. Immediately dispute the debt in writing within 30 days of contact and send to the debt collection agency using certified return receipt mail.

 

2)     Request verification of the debt. Request the debt amount, original creditors name and address, written proof of both the debt and verification from the debt agency that they legally have the right to collect on the debt, because debt collection scams are on the rise.

 

3)     Get legal assistance. If your efforts to get a debt agency to cease and desist collection for erroneous debts are ineffective seek legal assistance. You can find a list of debt attorneys at www.debt-collector-problems.com or complete a local or internet search.

 

4)     Take them to court. If you win the minimum amount you could potentially be awarded is $1,000. The key is to keep good written records.

 

Is the debt correctly yours? Under the FDCPA you still have legal rights to combat how a debt collection agency interacts with you. For more information on the FDCPA visit www.FTC.gov and look under debt collections.

 

© 2010 Ask Yvon is a written by S. Yvon Harper for Focus on Finance, LLC - (513)383-0427. All rights reserved.  Contact or questions at www.FocusOnFinanceOnline.com for help in getting personal with finances. Listen online at www.BlogTalkRadio.com/YvonSpeaks.  Readers are strongly urged to consult with a qualified legal or tax advisor to analyze your specific financial situation before application of any advice from this column. 

  

 


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