You received a letter from Capio Partners, LLC that claims you owe a considerable amount of money on a delinquent credit card account. Despite what many debt collection agencies want consumers to think, having a company contact you regarding an alleged debt is not the end of the world. In fact, a groundbreaking federal consumer protection law bans dozens of previously legal debt collection tactics.
Enacted by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) forbids third party debt collectors from calling consumers repeatedly throughout the day. The federal consumer protection law makes it illegal for a bill collector to contact you at work because the company has “reason to know” your employer does not allow phone calls on the job from debt collection agencies. One of the lesser known provisions of the FDCPA addresses the deceptive practice of a third party debt collector trying to get a consumer to pay money on a debt that does not exist.
Validating Your Debt
After a bill collector first contacts you by phone or mail, you have 30 days to respond by sending the company a debt validation letter. Your debt validation letter should make it clear that you want the debt collection agency to demonstrate you are legally responsible for paying off the debt in question.
You have the right to contest the amount of the debt, as well as claim the statute of limitations for collecting consumer debts has expired. Each state has established a statute of limitations for the collection of outstanding credit card and personal loan accounts. Most statute of limitations run between two and four years.
Template for a Debt Dispute Letter
Debt account number
To whom it may concern:
Your company sent me a letter dated March 4, 2020 that claims I owe money on a credit card account established by American Express. My FDCPA attorney has counseled me to ask your company to stop contacting me until you can demonstrate that I am legally responsible for paying off the alleged debt.
My lawyer has also advised me to request that you include the amount of the debt in question, as well as the contact information for American Express. Your debt collection agency must prove I am legally obligated to pay off the debt as well. Because I have sent your company this letter within 30 days of the first time you contacted me, you must refrain from contacting me in any way until you provide me with the information I have asked for in this letter.
An FDCPA Attorney Can Help
Not only does the FDCPA outlaw numerous debt collection practices, it also grants consumers the right to seek monetary damages for one or more violations of the historic federal consumer protection law. You cannot expect to make a debt collection agency pay for violating the FDCPA but help from a highly rated FDCPA lawyer can help increase the chances of a successful claim.
Your attorney will ehlp craft a debt dispute letter that will motivate Capio Partners, LLC to comply with every provision of the FDCPA. Gain the legal leverage you need by completing the Free Case Evaluation on this page to get connected with an FDCPA lawyer.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Capio Partners, LLC or any other third-party collection agency, you may not be entitled to any compensation.