The Fair Debt Collections Practices Act gives you the right to send a letter to a collection agency telling them to stop contacting you by phone (though the agency can continue to contact you in writing and can still file a lawsuit on the debt). The letter can also point out billing mistakes and request verification of the debt (such as a copy of the contract that you signed). If your debt is sold to a new debt buyer or collection agency, you will have to send a new letter. Be sure to sign and date your letter and keep a copy of the signed letter for your records.
If they do not follow this request, you can sue them. After you send this letter, give the collection agency 10 days to receive it and process it. If, after the 10 days, the collection agency is still calling, you should contact a lawyer. Remember that non-collection agencies (when a creditor handles its own bills) are not required to stop contacting you under the FDCPA.
There may be other federal protections, depending on your military status, that can help with credit issues. For example, the purpose of the Servicemembers’ Civil Relief Act (SCRA) is to provide protection to service members who have difficulty meeting their financial and legal obligations because of their military service. Use Stateside Legal’s SCRA Screener and Resource Finder.
What does this form do?
This packet helps the servicemember draft a letter to a collection agency requesting stop contact and verification of the debt. The packet is based on the Fair Debt Collections Practices Act. This is an easy-to-use interactive form. The program will create a letter and instructions. All you need to do is:
- Answer a few simple questions.
- Print out your form (letter and instructions).
- Proofread and sign it.
- Make copies for your own records.
- Send the original, with attachments, to the collection agency.
IMPORTANT NOTICE: Use an Internet Explorer browser to complete the interactive form. Sorry but it won’t work with other browsers (such as Firefox, Safari or Chrome).
Go to Interactive Form Packet: Letter to Collection Agency (Stop Contact)
Go to Sample Form: Letter to Collection Agency (Stop Contact)
Original source link: http://statesidelegal.org/interactive-form-collection-agency-stop-contact-letter