It started with a letter sent by Carson Smithfield, LLC. The letter claims you owe money on a debt that you thought was taken care of years ago. Another letter follows the first one, and this time the debt collection agency has threatened you with a lawsuit if you do not pay off the debt in question. After reviewing your personal finances, you determine the alleged debt is not your financial responsibility to pay off. How do you get the third party debt collector off your back? According to a landmark federal consumer protection law, you have two options on how to fight back against the bill collector. According to the Fair Debt Collection Practices Act (FDCPA), a debt collection agency such as Carson Smithfield, LLC is not allowed to threaten you in any way. This means the threat to file a lawsuit against you is considered an illegal action. A company responsible for collecting delinquent consumer debts is also not permitted to use deceptive debt collection tactics. You have the right to file a claim against the third party debt collector that seeks monetary damages for one or more violations of the FDCPA. Another way to fight back against the bill collector involves sending the company a certified debt dispute letter.
What is a Debt Dispute Letter?
Five days after sending you the first letter, a bill collector must follow up by sending you a debt confirmation letter that should include documentation concerning the debt in question. If you are not satisfied with the information presented in the debt confirmation letter, you have 30 days to respond by sending a debt dispute letter. Working with a state licensed FDCPA attorney will ensure the debt dispute letter does not contain emotionally charged language. Your lawyer will also include a request that gets you the information you need to verify an outstanding credit card or personal loan account.
An Example of a Persuasive Dispute Letter
After adding the date, your name, and the account number of the alleged debt, your dispute letter could look something like the following: I am sending this letter in regards to several letters you sent me concerning a delinquent credit card balance. You should know that I have hired an FDCPA attorney who has advised me to dispute the validity of the debt in question. Please regard this letter not as a refusal to pay off the alleged debt, but instead, as an official letter that disputes the existence of a debt your company claims I owe. My FDCPA lawyer wants you to send me documentation that proves the validity of the alleged debt. We want a copy of the credit agreement, as well as a copy of every bill sent to me by the original creditor. Failure to respond to our request means you should no longer contact me about any matter pertaining to the debt in question. Sincerely, Your name
Work with an Experienced FDCPA Lawyer
You can expect a third party debt collector like Carson Smithfield, LLC to be well-represented by legal counsel at an FDCPA hearing. Countering the legal muscle of a bill collector involves working with a consumer protection lawyer who has successfully litigated several FDCPA cases. You attorney can also help you craft a compelling debt dispute letter. Schedule a free initial consultation with an accomplished FDCPA lawyer.
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*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 Carson Smithfield, LLC or any other third-party collection agency, you may not be entitled to any compensation.