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The other day I had a client ask me, what is debt elimination? This is an extremely common question for people who are experiencing excessive credit card debt. It is hard to tell exactly what debt elimination is unless you have an expert on credit card debt. Luckily I can give you some of the answers.

The concern often arises that ceasing payment to your creditor is robbing them of money. This may seem unethical to many but it is not true at all. Banks loan you money that they create through the process of fractional banking. This money was not worked for by any means and in a sense it was created out of thin air.

I hope that you are starting to understand a little bit of the answer to the question: what is debt elimination. Here is something interesting for you to think about. Why do banks rarely produce signed and valid contracts when they are in the collection process? The answer is somewhat disturbing. Banks and creditors often break these contracts during the duration of your agreements with them. For this reason they try to collect through other methods.

Just because you now know that your contract with your bank in regards to your credit card could now be void does not by any measure mean that you should rack up credit card debt and assume it will be dropped. Debt elimination is meant for the good people who have been hurt by the economy and need help freeing themselves from their debt.

Banks and creditors are a major barrier when trying to answer what is debt elimination. They constantly intimidate and lure in new customers by offering credit limits that the banks and creditors know the customer cannot afford. Then when the customer is in over their head the bank or creditor will make them feel as if all of it was the consumers fault. Because of this many people get trapped in debt and do not realize that debt elimination could change their situation completely.

In conclusion to my answer to what is debt elimination, I would like to clarify that debt elimination is quite different than the other debt solutions available. It is not remotely similar to debt consolidation. Neither is it the same process as debt settlement. Alternatively it is a process in which the consumer is helped to exercise any and all legal rights during the collection process.

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When making a call to the creditor, one should make sure that the person spoken to be some one in charge. These people are more reasonable than the rest and are open to debt negotiation. No verbal agreements or, any other kind of informal settlements should be agreed upon by the debtor. All correspondence should be made via registered mails the receipts of which should be retained. . They will mess up somewhere in here some how, if they have not done so already. For instance in Indiana if I got sued by a Credit Card company and they did not have the Contract and Assignment attached to the Complaint I would file a Motion to Dismiss and win. I would only get it dismissed without prejudice and they would be allowed 20-30 days to amend the complaint. What that means is they can re-file the same lawsuit and attach the contract and assignment and it’s a go. . This right is granted by the Fair Debt Collection Practices Act (FDCPA), Section 809. The intent of the law is to prevent errors in collection of debt, including billing the wrong person, the wrong amount, or for debt that has previously been paid. Timing Your Validation – It is important to know that you only have 30 days to exercise the right to validate debt under the FDCPA. Practically speaking, collectors are sensitive to the 30 day time limit and if you ask for validation beyond the time limit it is highly likely that your request will be ignored. . The first legal step in dealing with the collection agencies should be the ‘Debt Validation’ method. Debt validation is a federal right granted under the Fair Debt Collection Practices Act (FDCPA). The procedure begins with ‘initial communication’ from the creditor in the form of phone calls, written letters or, even summons to appear in the court. Then within a period of five days they must notify in writing, the debt validation rights of the concerned person. .

That the Plaintiff listed on your Complaint has the Legal Rights to sue you. That is proven by showing you and the court a copy of the Assignment they received from the Original Creditor. Now, was that attached to the Complaint Does your Local Court Rules say that it needs to be attached to the Complaint – How about the Contract Was that attached to the complaint Do your local court rules say it needs to be – Would you believe some guy named Joe who came knocking on your door and said hey buddy you owe me 5000. Would you pay him just because he said so – Same thing with these Credit Card Lawsuits. . In fact, debt collection agencies often make mistakes and send out collection letters to the wrong people. That’s why the Fair Debt Collection Practices Act gives consumers the right to ask for validation of the debt. Within five days of their initial contact, a debt collector must send you a letter telling you the specifics of the debt in question. Step 2 Dispute the Debt – Once you’ve received the letter, you’ll have 30 days to determine whether or not the debt is truly yours. . It’s almost as if they said GREAT He or She lives there, he or she answered, now we can sue him or her – Legally, they are suppose to respond to my Debt Validation Letter. What a JDB thinks is this for example – You owed 1400 on a Credit Card and Defaulted. YEP 12 measily BUCKSThey find out where you live, get a response, sue you or get no response and sue you anyways. Most of them will sue you if they know you have a job or assets (property) in your county. . I strongly recommend that you specifically list the documents and information you want them to send you. Ask them for proof they have the legal right to collect the debt, a detailed calculation of the amount claimed owed, and a copy of your original signed contract or account agreement. Right and Wrong Results – If a collector cannot validate the debt they should stop collecting and not report to the credit bureaus. But it does occasionally happen that they send nothing more than an internal printout or some such thing, and then continue their collection efforts. .

But if you do recognize the debt you should research the statute of limitation before going any further. Statutes of Limitation – The statute of limitation (SOL) for the collection of a debt is the maximum period of time that a collector can file a lawsuit. To be precise, a collector can file a lawsuit after the SOL has passed, but should they do so you can have the suit dismissed on this basis. It is important to your credit repair effort to know that the SOL clock starts on the day that you first become delinquent. . With the high determination, rewrite and re-post the letter until your offer had been approved. Official proof of payment. After your offer had been approved, please get a copy of the official payment letter from you creditors. This can help you to avoid legal proceedings in future should anything happen. . Include the date of the letter, the account number of the disputed item, and any other information that can help identify the account in question. Next, explain briefly that you believe the information to be inaccurate, and that you’d like it removed right away. Just make sure you send a photocopy of your ID and social security card for identification purposes, and always send dispute letters by certified mail. This way you’ll be informed when the agency receives your letter and you can begin the 30 day countdown. . Receiving a debt collection letter from a law firm does not necessarily mean that you are being sued. These types of debt collectors must follow the requirements of the federal Fair Debt Collection Practices Act (FDCPA) just like any other type of debt collector. Your first contact with a debt collection law firm will most likely be just like the normal collection procedures. There are things that you should do when you are first contacted about a debt. .

“Timing is Everything – Please note that there is only a 30 day window of opportunity to request your debt validation. Collectors must abide by the laws spelled out in the FDCPA, but these laws only mandate a response for the 30 days following the date of the initial collection letter. Beyond the 30 day window collectors have no obligation to provide the documents that you request and you have lost the opportunity to force compliance. Why Validate the Debt – Why request validation of a debt There are two good reasons that you should request debt validation on every collection letter you receive, even if it looks legitimate. . In fact, debt collection agencies often make mistakes and send out collection letters to the wrong people. That’s why the Fair Debt Collection Practices Act gives consumers the right to ask for validation of the debt. Within five days of their initial contact, a debt collector must send you a letter telling you the specifics of the debt in question. Step 2 Dispute the Debt – Once you’ve received the letter, you’ll have 30 days to determine whether or not the debt is truly yours. . Consulting with financial advisors and being familiar with the FDCPA (Fair Debt Collection Practices Act) will be highly beneficial for the consumers willing to settle debts on their own. What is a Dispute Letter – Any time you identify information on your credit report that you feel to be inaccurate, incomplete or even just misleading, you have the right to dispute it and have it corrected or removed from your report. A dispute letter is a simple document that is written to inform a credit bureau, collection agency or an original creditor that there is a mistake on your credit report and that it needs to be corrected or removed. Is sending a dispute letter the best way to address credit report mistakes – Making a dispute is the best way-and the only way-to address credit reporting errors. . You should send a cease communication letter and this should stop all communications. If you begin your credit repair process and you need additional help concerning debt validation, you should reach out for a credit repair service where you are guaranteed that they will review your entire case, research your SOL, prepare and send letters as needed to get the best possible result. Is it possible to settle your debts without the help of a consolidation company Yes, it is possible. Some people might think that it’s too hasty to write a letter to the creditors, might not be even read by the them, but if there is a way to settle your debts, why not give it a try Listed below 5 tips for your consideration. .

These letters should be sent certified, return receipt so that you have proof that it was received by the collector should you ever have to provide the evidence in court if they violate your federal rights. Falling into financial difficulties often means that delinquent debt is turned over to an in-house collector or an outside agency. If you find yourself facing calls from debt collectors, there are three weapons in your arsenal right now that you can use. Get yourself a phone that will display caller id (you may have to contact your telephone service provider and sign up for the service) and ignore numbers you don’t recognize. . Debt Validation Letters – Debt Validation Letters are written to collection agencies to ask a collection agency to validate a debt. Debt validation is simply a consumer’s right to challenge a debt andor receive written verification of a debt from a debt collector under the Federal Fair Debt Collection Practices Act (FDCPA). Pay for Delete Letters – A pay for delete letter is usually written to a debt collector in hopes of negotiating to pay on an existing account in hopes of having the account removed or updated as positive on your credit report. Cease amp Desist Letters – A cease amp desist letter can be sent to anyone, usually a debt collector, to request that they immediately stop contacting you. . They basically scrub you out to see if your worth the money to file the suit against so they can collect. 00 and are suing you for the 1400 plus interest of let’s say 2500 plus late fees, attorney costs ETC. 00 PLUSThey throw all this onto a summons and claim you owe them all this money. They then hope that you are scared and don’t show up for court and they get a Default Judgment against you. . The more they can understand your financial situation, the more likely they are to help you to settle your accounts. At the same time, reevaluate your financial condition and propose to your creditors on your best repayment methods with the relevant details such as the repayment time period, the interest rate charged and the best periodic installment payments or the lump sum of the repayment which you can make. Preferably the proposed date is within the next 3 months, whether it is for you to kickoff with the new installment repayment amount or a lump sum of not less than 50% of what you owe. What you have committed this time should be something which is achievable before they file any legal action against you next. .

There is a legitimate stipulation set by the laws that under this Act the creditors and collectors are compelled to certify every alleged collection with corroborative evidence when the request for validation is made. Not until the creditor or collector has completely certified your account, can they continue to collect any amount from you. Therefore a debt validation letter can protect you from the pursuing allegations of your creditor or collector. A debt validation letter is a grueling requirement on the part of your creditor or collector. . A verified name and address will not provide the evidence that you owe money from someone after all. There is no account validation process required in a debt verification letter. The prevalent harassment in the debt collection industry would still be possible. Given that, this verification letter is not an element in learning how to dispute a debt. . And if the debt collector knows that you understand your rights – and aren’t afraid to defend them in a court of law – he or she will more likely to abide by the laws that govern debt collection agencies. The Letter of the Law – The correct way to respond to a collection letter is with a written request for debt validation. This is your right under the Fair Debt Collection Practices Act (FDCPA), and if done in a timely and correct manner can produce fantastic results. Validation of debts 15 USC 1692g (b) “If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. . The Outcome of Validation – Per the FDCPA, if the collector has not reported your debt to the credit bureaus they are not allowed to do so until they provide validation. And if have already reported and are unable to validate the debt they must cease collection efforts and stop reporting. Following Through – Debt validation is a powerful credit repair tool which, in most cases will produce excellent results. But you should also be aware that legal precedent defining the obligations of the collector is inconsistent. .

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