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Need sample letter, to send to creditor to inquire about the debt I owe.

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  • Need sample letter, to send to creditor to inquire about the debt I owe.

    Awhile back, I has seen in this forum or another forum, a sample letter to send to a creditor or collector to find out what I owe and what proof do they have that I owe this debt. However I can not seem to find it at the moment. Can someone please post the link to that thread.

    Thank you.

  • #2
    Plain curiosity on my end...why would YOU be inquiring about the debt with the creditor or JDB?

    If and when they try to collect, then you send them a DV letter...

    My $0.02 only...

    Good luck to us all.
    No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

    Comment


    • #3
      Thank you Shark 66.

      Well I was trying to keep my problem simple as I did not want to bore anyone with my troubles by providing too much detail. What I am looking for is a Debt Validation sample letter, that I can use to reply to a collector that has been calling me for 3 months and has sent me 2 collection letters in the past 6 weeks. Wednesday of last week, the collector left me a message saying that it would be their final call before consulting with their lawyers to see if they will sue me. Since the debt is for a 45K credit card bill, I mainly want to contact the collector and try to buy some time, before filing BK. Yet right now, I don't have enough money to file BK. Yet I should have enough come the end of next month (January). Yet since the holidays are coming and I feel bad enough as it is, I am trying not to take a chance on getting served between now and the first of the year, because the collector certainly can serve me any second (right now). Yet hopefully by sending that letter, will at least keep them at a distance until the first of the year.

      Comment


      • #4
        Normally you'd have 30 days for a DV letter from the date of first contact, so I guess you're a pinch late for that.

        Pay *NO* mind to their scare tactics.

        NEVER and I mean *NEVER* call a collector back.

        They were in violation of FDCPA by leaving you that dumb message as well. Hopefully you saved it.

        If you're ready to file in January - heck even March - you are safe.

        Good luck to us all.
        No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

        Comment


        • #5
          Originally posted by shark66 View Post
          Normally you'd have 30 days for a DV letter from the date of first contact, so I guess you're a pinch late for that.

          Pay *NO* mind to their scare tactics.

          NEVER and I mean *NEVER* call a collector back.

          They were in violation of FDCPA by leaving you that dumb message as well. Hopefully you saved it.

          If you're ready to file in January - heck even March - you are safe.

          Good luck to us all.
          Why is this a violation? He hasn't filed bankruptcy yet and all they said was that they were sending this last communication before consulting with their attorney's. Just not understanding where the violation is here.
          Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

          Comment


          • #6
            Leaving a message of that nature on one's answering system (of any kind) IS a violation of a FDCPA. The collectors are NOT allowed to say anything on the message apart from who the message is for, and the name and number to call back. Period.

            Nothing to do with the bankruptcy per se.

            Good luck to us all.
            No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

            Comment


            • #7
              Originally posted by shark66 View Post
              Normally you'd have 30 days for a DV letter from the date of first contact, so I guess you're a pinch late for that.

              Pay *NO* mind to their scare tactics.

              NEVER and I mean *NEVER* call a collector back.

              They were in violation of FDCPA by leaving you that dumb message as well. Hopefully you saved it.

              If you're ready to file in January - heck even March - you are safe.

              Good luck to us all.
              I was sued right at 5 months delinquent by 2 different CC. For 45K debt I'd bet they are getting ready to file suit. I don't think OP is safe (from a lawsuit) till March.

              OP: If you do get sued before the first of the year - it will take at least 30 days to obtain the judgment if you ignore the suit. If you answer it you will buy yourself at least 90 days.

              Good Luck!
              "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

              Comment


              • #8
                Originally posted by shark66 View Post
                Leaving a message of that nature on one's answering system (of any kind) IS a violation of a FDCPA. The collectors are NOT allowed to say anything on the message apart from who the message is for, and the name and number to call back. Period.

                Nothing to do with the bankruptcy per se.

                Good luck to us all.
                ah, ok I missed that it was a message on an answering machine. When the collectors called me they said something like they were attempting to contact me and if it wasn't me I should delete the message right away and not listen anymore. Also they gave me three seconds to get to an area where no one could listen to the message but me. Stupid if you ask me. Anyway, I get lots of voicemails like this and they aren't alway's for me. Funny thing is that I haven't figured out a way to skip to the end so I end up listening to the whole message anyway before I can delete it even if it isn't for me! LOL, whoops I guess I'm in violation too!
                Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

                Comment


                • #9
                  Originally posted by Freddy03 View Post
                  I was sued right at 5 month delinquent by 2 different CC. For 45K debt I'd bet they are getting ready to file suit. I don't think OP is safe till March.

                  And we were *never* sued for $38K or thereabouts on a single CC by BOA. It is now past SOL.

                  People's experiences differ.

                  That being said, let me make clear what I meant by "safe": safe from garnishment of wages/accounts, not safe from being sued...

                  Even if they filed a lawsuit today, by following the correct steps of the procedure available, the OP could still drag it out for three months or thereabouts...way past January which is his/hers original target...

                  Good luck to us all.
                  No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                  Comment


                  • #10
                    Whenever I received the veiled threat of legal action I insisted on the collector clarify whether a lawsuit was filed, whether one was going to be filed and who was the attorney representing them. These scumbags are just reading from a script and it's not too difficult to mess with them.

                    Other collectors reached me as the ignorant debtor and I would get all excited when they told me how much money I was going to receive. I could typically tie up about 20 minutes of a collector's time accomplishing nothing. I kind of miss some of that fun now that we've filed.
                    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                    Comment


                    • #11
                      Originally posted by shark66 View Post

                      And we were *never* sued for $38K or thereabouts on a single CC by BOA. It is now past SOL.

                      People's experiences differ.

                      That being said, let me make clear what I meant by "safe": safe from garnishment of wages/accounts, not safe from being sued...

                      Even if they filed a lawsuit today, by following the correct steps of the procedure available, the OP could still drag it out for three months or thereabouts...way past January which is his/hers original target...

                      Good luck to us all.
                      Surprisingly, from what I have read on this forum, and other forums, and from what I have heard from various people, and even from my own experience, the larger the unsecured debt, the less likely they are to sue over it. They prefer to go to small claims court whenever possible. Huge debts end up in Superior Court-- much more expensive for them to sue there. And large debts are usually the tipping point that causes debtors to file bankruptcy.

                      So, in general, suing over huge debts is a waste of their time and money because the debtors usually just go on to file bankruptcy and the judgment creditor gets nothing.
                      The world's simplest C & D Letter:
                      "I demand that you cease and desist from any communication with me."
                      Notice that I never actually mention or acknowledge the debt in my letter.

                      Comment


                      • #12
                        Originally posted by shark66 View Post
                        Normally you'd have 30 days for a DV letter from the date of first contact, so I guess you're a pinch late for that.

                        Pay *NO* mind to their scare tactics.

                        NEVER and I mean *NEVER* call a collector back.

                        They were in violation of FDCPA by leaving you that dumb message as well. Hopefully you saved it.

                        If you're ready to file in January - heck even March - you are safe.

                        Good luck to us all.
                        Good advice!

                        Yes, after 30 days, it is generally a waste of time to send a DV letter. They don't have to respond to them at that point.





                        But for anyone out there who wants to send a DV letter, and if you are still in the 30 day window of opportunity, here is how simple the DV letter is to write...

                        [today's date]
                        [your name]
                        [the phone number they are already calling-- otherwise leave it blank]
                        [the account number they put on the first letter they mailed to you informing you of your 30 Day period to dispute this debt]
                        [the address they mailed the letter to]


                        I dispute the validity of the alleged debt.





                        EDIT: [if you want to stop all phone calls as well, you can add this little sentence to it...]

                        It is inconvenient for me to receive telephone calls from you at any time and at any location.








                        --And that's all you need to say. Nothing more. Nothing less. Don't sign it. Don't give them your signature.

                        This one particular letter should be sent by certified mail. But that being said, I would only send one of these letters if I truly believed that the debt was not my debt or if I believed that they were truly mistaken about this debt. Otherwise it is a waste of your time and money to send one of these.

                        It is far better to send a cease and desist communications letter if what you really want is to get them to stop calling you. The DV letters only get them to stop calling until they send you a simple letter verifying the debt, which can be as little as a few sentences saying when they bought the debt, from whom, and what the balance was at that time (not how much they paid for it).
                        Last edited by GoingDown; 12-09-2011, 05:40 PM.
                        The world's simplest C & D Letter:
                        "I demand that you cease and desist from any communication with me."
                        Notice that I never actually mention or acknowledge the debt in my letter.

                        Comment


                        • #13
                          Different experience here in VA - Sued by both AMEX, BOA, Chase, and Citi for large balances - I never responded to their calls or letters. I really believe that they use some sort of profiling to determine a debtor's ability to pay. Their actions just drove me into 13 BK - Not yet confirmed but much more at ease and happier!
                          Stopped CC payments May 2010. Stopped mortgage payments Oct 2011. Filed 13 Oct 2011, Plan confirmed July 2012. Trustee required surrender of second home. Foreclosure sale completed May 2013. Now almost 2 yrs into the 5 yr plan payments

                          Comment


                          • #14
                            Well, that is definitely part of the equation-- profiling. As I have said in other posts, if they know you are employed (especially if they are calling you at work), you are very likely to get sued. And of course, there are the "Collection Triggers" that tell them whether or not you are worth pursuing, as well.

                            And as you said, it drove you right into bankruptcy.
                            The world's simplest C & D Letter:
                            "I demand that you cease and desist from any communication with me."
                            Notice that I never actually mention or acknowledge the debt in my letter.

                            Comment


                            • #15
                              Capital One was the only one that sued me and my balance was 6k when I defaulted. Barkley's was 3k and they were hot on the trail of suing. Since I live in a state where they can garnish my wages up to 25% it was more to my advantage to file Chapter 13 with only 20k in debt. That is why I say you should never say anything is too small to file on. If they would of garnished me it would of been approx $550 a month. If they had been successful I would not have been able to pay my rent and living expenses.
                              Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

                              Comment

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