Tuesday, December 23, 2008

How to Write Dispute Letters to Creditors

The Fair Debt Collection Practices Act and the Fair Credit Reporting Act regulate how creditors can collect on debts and how they must report debts to credit reporting agencies. The laws serve as protection from unscrupulous creditors who may try to get people to pay more than they owe or to pay debts that are not theirs. The FDCPA allows consumers to dispute information that is incorrect or to dispute responsibility for debt.

Instructions

    1

    Write the creditor's name and address in the top left corner. Write "Subject:" and the account number from your credit report or the debt collection letter.

    2

    Tell the creditor the date you received a copy of your report or the collection letter and state your dispute in the first paragraph. If you are only disputing inaccurate information about the debt, such as balance amount, date or payment status, give the correct information and request a change. If you dispute the debts is yours, request documentation that validates the debt, such as copies of signed contracts and credit applications.

    3

    Remind the creditor that it must adhere to the laws of the Fair Debt Collection Practices Act when it sends validation of the debt and other information and must respond within 30 days of receiving your letter. Tell the creditor that the Fair Credit Reporting Act requires it to report the debt as "Disputed" to the credit reporting agencies until the matter is resolved. Place these sentences in the second paragraph. Sign at the bottom of the letter.

    4

    Include documentation such as bills, canceled checks or receipts of payment and account statements to prove the changes you have requested are correct. If you are disputing the debt in its entirety, you do not have to send any documentation. Mail the letter and any documents by U.S. Postal Service using certified mail with a return receipt requested. This provides a documented start date for the 30 days window because the creditor must sign for the package. The post office will send you the signature card with the date and time of pick up.

    5

    Wait for the creditor to investigate your claim and send a notice of its findings and the action it will take. If it cannot provide validation of its information as required by the FDCPA within 30 days, it must comply with the changes you requested or stop reporting the debt to the credit reporting agencies.

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