How can a person dispute a demand for payment in full from an attorney's office collecting for a Bank?

Question

This attorney is attempting to collect a dept of $6,215.71 for an original creditor of FLEET BANK. I have no knowledge of this debt. How do I dispute it?

Answer 1

Typically you have anywhere from 30-45 days (but in some states you have a smaller time frame) to dispute the debt. You HAVE to put your dispute in writing, specifically saying that not only do you dispute the debt, but also that you want copies of all supposed transactions that led them to believe that this debt is yours. Make sure that you keep a copy of the letter that you write to the attorney, and keep copies of whatever the attorney sends you as well. You should also probably check out your credit report-if you are not familiar with this debt, more than likely someone got a hold of your financial/personal information and created this debt for you (i.e. identity theft).

Also, the letter that the attorney sent you should clearly state (somewhere probably near the end of the letter) as to if you dispute the debt or not. The wording usually even says "if we do not hear from you, then we assume that the debt is yours and expect payment in full, otherwise we will use means to collect this debt (i.e. credit reporting bureau, lawsuit/lien on wages, etc.)

Answer 2

Immediately, write to the debt collector, demanding the debt collector validate the alleged debt (that is, debt validation). Simultaneously, dispute the derog listing with the bureaus reporting the listing.

Whether or not this is legitimate debt...owed by you, the debt collector, who may or may not own the debt, must validate the debt, providing complete detail.

The Fair Credit Reporting Act (FCRA) clearly states that 100% of your credit report must be 100% accurate...not 99.9%.

Therefore, whatever cannot be validated or whatever is not 100% accurate, the listing must be DELETED.

...even if it's legitimate debt.

During the dispute, the bureaus must report the listing "in dispute." If not, violation.

Hit the CA and the CRA with a 1-2 punch. Further assisting your cause is the age of the debt. The older the debt, the easy it is to get deletions, i.e. poor record keeping, data entry, etc.

**Statute of Limitations for your state? Click this link: www.fixmyuglycredit.com/Credit-Statute-of-Limitations-Chart.html

**Don't let the debt collector "re-age" the alleged account. Click this link: www.fixmyuglycredit.com/Re-Aging-Bad-Credit.html

**Don't allow debt collectors to violate your rights...how to get a collection deleted. Click this link: www.fixmyuglycredit.com/Removing-Collection-Accounts.html

Absolutely, force debt validation while simultaneously disputing with the credit reporting agencies. Find an error with the listing.

Don't allow a "verified as accurate."

Good luck.

Answer 3

I agree with what KC Girl and True Hija De Oshun! said.

Except for True's first sentence.

You have "30 days" from the day you receive their letter to dispute. While you can dispute after the first 30 days, disputing within the first thirty days after receiving their first letter will force them to cease all collection attempts (including reporting or verifying on your credit reports) until they validate the debt.

Answer 4

Contact the bank in question and get your documents verify signitures, , dates, times, locations, and who's dang id that was used for your identity theft. Ask the collection agency or whoever the current creditor is for the statements and where they were sent....and dispute it to the bank and credit bureau...you may need a lawyer.

Answer 5

Please click this link: http://www.bankrate.com/brm/news/cc/20040116b1.asp

It's a page on bankrate.com that shows the statute of limitations on debts in all states, and also has a link to the fair debt collections practice act.

The guy who told you to get the debt validated, and ask about the statute of limitations was right.

DO NOT SEND ONE PENNY TO THEM. Not until you know if the statute of limitations is over. The clock on that started the last date you made a payment. It will start over if you pay them anything.

Considering Fleet was bought out by BankAmerica in late 2003, it's already been a few years since you last paid on the debt anyway.

Answer 6

1. ask for the signed contract between you and fleet bank
2. ask for a complete payment history and what the debt was for
3. ask for proof that he actually owns the debt
4. ask him how much he paid for it.
5. ask him if he is licensed and bonded to collect in your state.
6. ask him if he can prove that the statute of limitation in your state has not expired.
Chances are that he cannot answer any of these questions
Good Luck

Answer 7

You can always try the EVIL TWIN defence. You cite the patty duke show and gilligan's island as proof that evil twins exhist and are creating havoc thruout the land. Calmly but firmly explain to the banker man that he is fortunate that his evil twin has not yet reared his ugly head. That should settle the matter promptly.