Please do not let debt collectors play in your face.
I am super busy so I honestly don’t even know if I should be taking the time to write this, but hopefully this will help those of you who may find yourself in a similar situation.
Earlier this year I received a letter of notice from a debt collector stating that they had acquired a debt supposedly belonging to me and that, per law, I have 30 days to dispute the debt. I immediately drafted a letter and sent it to both disputing the debt and request validation of the debt as well as possible settlement arrangements had they actually been able to validate said debt
I sent this letter via certified mail. Always certified mail.
About a week after the 30 day period for them to respond expired, I received a Phone call very specifically crafted in a way to invoke urgency and panic and suggest legal action. So, naturally, I called this number only to discover this was a different company that had only just recently acquired said supposed debt. I reiterated to them that I was disputing this debt and required validation in writing.
The initial conversation went smoothly, they then called me back the next day and became aggressive. They accused me of lying and did everything under the sun to try and trick me into validating this debt as mine so that they would not have to legally send me that validation. I, knowing my rights, insisted that I was disputing the debt and that they were required to send me validation despite them claiming that they were not and that they already had and many other number of lies. I refused to continue the conversation until someone had sent me validation to which they continually responded that they would be forwarding this to their legal department and blah blah blah blah blah.
Surprise surprise, I get a phone call today from yet another company, this one claiming to be in the process of forwarding my account to the county clerks office. That was an immediate red flag as the county clerk does not handle debt disputes. They would have to hire a lawyer in my state to handle this case. I asked what company this was as they had not stated initially, and when they told me I realized this was now another company who had purchased said alleged debt and we’re trying to collect on it. this one outright illegally threatening to take me to court knowing they weren’t.
Beyond that, he tried to lie to me and tell me that a debt validation was not what I thought it was and that a validation was actually just a notice that they had purchased a debt so when I received a letter stating that they had purchased this debt that would be a validation.
That is not true! Debt companies are legally required to send you notice of an allegedly acquired debt in writing and you have 30 days to dispute and request that validation. The company then has 30 days themselves to respond and validate your debt or the debt is forfeit. This man tried to lie to me and tell me that a notice was the same thing as a dead validation in order to trick me into paying a debt that he cannot validate that I am actively disputing.
This is now the fourth company that has attempted to collect on a debt they cannot validate. They know they cannot validate this debt and instead have relied on trying to trick me into paying it. These tactics would absolutely work if I did not have a sales background and or know my rights.
And this ladies and gentlemen is why you always always always dispute a debt. The last debt I disputed was immediately pulled from collections and that allowed me to get back in contact with the original creditor and work out a payment plan so that it would never hit my credit and keep my account with them current. This debt is invalid and therefore they cannot hit my credit with it nor can I collect on it or I will sue them.
If you guys have any questions about dealing with that collectors please ask me.
I'm not surprised they gave you the long ass run around on this.
For anyone that has a debt sold to a Collections Agency do exactly what OP did and request debt validation (Google-able). Most of the time, the Original company you owed debt to did not give them your Social Security Number or your date of birth; just a good phone number and address. In order to be held legally responsible for it and to be on your credit score, they need your SSN or DOB to prove it's yours.
Usually, they're initial call will say "Hey so before we can discuss your debt of $Xxxx, we need you to verify your SSN and DOB." They're lying. That means they want you to confirm it so they can legally pin that debt to you. If you send a Debt Validation letter VIA CERTIFIED MAIL, that Collections Agency has 30 days to prove you owe the debt and that it does in fact tie to you. Since in most cases they can't, they'll send a letter saying "We don't have the necessary information to collect on this debt. It is now null and void." Send copies of that to the credit bureaus, and they wipe it from your credit report.
With OP, they did the shadiest thing possible by constantly re-selling the debt, thus starting over that 30 day response period.
Never pay a debt unless you're certain that you owe it. Especially if it's for a deceased relative. Debt collection companies are especially predatory during the grieving period asking you to "Pay down the debt" or "Clear their good name". Unless you (co)signed, don't give them anything. The debt will get written off on their taxes. If you do pay, you're locked in on that debt. You basically showed "willingness and ability to pay" which is all they need.
I gotta say... even if you *are * "certain you owe it", get it validated. If someone forgot to make sure to dot all the i's and cross all the t's and didn't connect the DOB and SSN and everything... That isn't your fault. This whole capitalistic hellscape is fucking broken. don't pay *anything* that you legally can't be compelled to.
That last part. BIG TIME.
Debt letter template
A debt validation letter is sent by a consumer to verify a debt by requesting evidence of the claim. The right to know how the debt was incu
Text:
REQUEST FOR DEBT VERIFICATION
From [SENDER NAME AND ADDRESS]
To [RECIPIENT NAME AND ADDRESS]
Date [DATE]
To Whom This May Concern,
I, [NAME OF SENDER], have received information regarding a debt that is being claimed against me. Through my rights, in accordance with 15 U.S. Code § 1692g, I hold the right to verify the total debt amount, including any fees, and who the original party that is making the claim. After receiving such information I will review and respond within the 30-day period allotted to me under federal law.
If it is found that there is no evidence of this debt under my name then I demand that all credit bureaus and financial institutions be made aware or a complaint will be filed to the respective local or federal agency.
Furthermore, I request that you cease and desist any future telephone communication, whether through my residential or employment numbers. I am aware of the request for payment by your company and any further telephone communication shall be considered harassment in violation of 15 U.S. Code § 1692d and shall be subject to State and Federal penalties.
I appreciate your efforts in this matter and look forward to your response.
Regards,
[SENDER NAME]
Signature: ______________
CEASE AND DESIST ADDENDUM
I, [NAME OF SENDER], am aware of my rights as a consumer under the Fair Debt Collection Practices Act, specifically § 805(c), and demand that you cease and desist any contact with me in reference to this collection. This addendum in no way admits or considers myself responsible for this debt. In addition, this addendum also requests for you to cease and desist the use, or potential use, of any third (3rd) party to contact me in reference to this collection.
IF THERE IS ANY VIOLATION OF THIS CEASE AND DESIST A COMPLAINT SHALL BE MADE TO THE FEDERAL TRADE COMMISSION.
Regards,
[SENDER NAME]
Signature: ______________
You can change things, but simple and professional is best. Don't give more information than necessary. Don't get defensive--it is their job now to prove to YOU that there is a debt in your name. Even if you're upset or angry or anxious you want to sound calm and collected.
