Fairfax Virginia Letter Informing Debt Collector that Debtor is Represented by an Attorney

State:
Multi-State
County:
Fairfax
Control #:
US-01429BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.

Dear [Debt Collector's Name], I am writing to inform you that I am representing [Debtor's Name] in all matters related to the outstanding debt owed as [Explanation of the debt]. As [Debtor's Name]'s legal counsel, I kindly request that you direct all future communication regarding this debt to me directly. Please note that [Debtor's Name] has retained my services to handle all negotiations, disputes, and correspondence pertaining to this debt. Therefore, any attempts to contact them directly would be considered a violation of the Fair Debt Collection Practices Act. It is important for you to be aware of the legal implications following this representation. Pursuant to the Fair Debt Collection Practices Act (FD CPA) and its provisions, any further communication, including phone calls, letters, or emails, must be directed solely to my office. This includes any attempts to collect the debt or discuss its resolution. Failure to comply with these guidelines may result in legal actions being taken against your agency. Furthermore, it is required by law that you provide me with written verification of the debt within 30 days of receiving this letter. This verification should include detailed information about the original creditor, the outstanding balance, and any relevant documents that confirm the validity of the debt. In accordance with the FD CPA, I also request that you cease all forms of communication with [Debtor's Name's] family, friends, and employers regarding this debt. This inappropriate communication can lead to potential harm and embarrassment to my client. Please understand that my duty as [Debtor's Name]'s legal representation is to ensure that their rights are protected throughout this process. Therefore, any violation of the aforementioned requests will result in appropriate legal actions being taken. I kindly request that you acknowledge receipt of this letter within 10 days of receiving it. Your timely response will help avoid any misunderstandings or unnecessary escalations. Thank you for your attention to this matter. I expect your full cooperation in adhering to the provisions outlined in this letter. Sincerely, [Your Name] [Your Firm's Name] [Contact Information] Keywords: Fairfax, Virginia, debt collector, attorney, representation, outstanding debt, Fair Debt Collection Practices Act, legal counsel, negotiations, disputes, correspondence, violations, legal actions, verification of debt, original creditor, outstanding balance, communication, rights protection, acknowledgment, cooperation.

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FAQ

Four Steps to Take if You Received a Debt Collection Letter From a Lawyer Carefully Review the Letter to Determine the Claim.Consider Sending a Debt Validation Request.Gather and Organize All Relevant Financial Documents and Records.Be Proactive: Debt Does Not Go Away on its Own.

The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.

Keep a level head and follow these steps. Make Sure You Have Time to Talk. Klaus Vedfelt/Getty Images.Get a Pen and Paper.Ask the Collector to Send Information About the Debt.Don't Admit to the Debt.Don't Give Information About Your Income, Debts, or Other Bills.Hang Up if Necessary.After the Call, Decide What to Do Next.

A consumer-initiated communication from a consumer represented by an attorney constitutes the consumer's prior consent to that communication under § 1006.6(b)(4)(i); therefore, a debt collector may respond to that consumer-initiated communication.

No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter or a formal law suit.

A debt collection letter should include the following information: The amount the debtor owes you. The initial due date of the payment. A new due date for the payment, whether ASAP or longer. Instructions on how to pay the debt.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

I am responding to your contact about a debt you are attempting to collect. You contacted me by phone/mail, on date. You identified the debt as any information they gave you about the debt. Please stop all communication with me and with this address about this debt.

As of Nov. 30, 2021, debt collectors have new options for how they may communicate with you about debts they're trying to collect. Now they can text you. Text messages, along with emailing and direct messages on social media, are allowed as part of an update to the Fair Debt Collection Practices Act (FDCPA).

More info

Letter from the National Association of Attorneys General (NAAG), requesting clarification. 1202.3 Representation disputes. 1202.4 Secret ballot. 1202.

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Fairfax Virginia Letter Informing Debt Collector that Debtor is Represented by an Attorney