Sending a Drop Dead Letter to a collection agency. Print E-mail
Written by Kerry S. Doolittle   
Thursday, 15 April 2010

If you are being harassed with letters and phone calls from a collection agency or creditor and you either dispute the debt, or simply have no money to pay the debt, you can send that collection agency a Drop Dead Letter.  This is simply a letter that tells the collection agency that you dispute the debt, acknowledges that they can sue you if they choose, but otherwise go away and leave you alone.

If the collection agency continues to send letters or call after you give them a drop dead letter, in most circumstances they are violating the Fair Debt Collection Practices Act and you can seek a remedy against them.  (The exceptions, like student loans, are to specific to mention them all here.)

The following form provides a general example of a polite drop dead letter.  You can omit any parts that do not apply to your situation.  Be sure to keep a copy of the letter and the return receipt to prove delivery.  

In my experience, this will usually make a creditor go away (unless they do choose to sue you) for a period of time, and then a different agency begins all over again.  Simply repeat the process of sending another letter to the new agency and include a copy of the prior letter, which demonstrates that the creditor is putting them at risk of violating the Act.  It may take two letters or six letters, but eventually they do go away.

 

__Your Name__
__Your Address__
__Your City, State & Zip Code__

__Insert Date__


__Name of Collection Agency__
__Mailing Address of Collection Agency__
__City, State & Zip Code of Collection Agency__

    Re:    Your File Number:            __Agency’s File Number__
              Original Creditor:              __Name of Original Creditor__
              Original Account No:        __Original Creditor’s Account Number__
              My Client:                         __Name of Debtor__

Dear Sir:

    I write in response to your collection letter of __Date of Collection Letter__ addressed to my attention in connection with your attempt to collect the above-referenced account.

    The first purpose of this letter is to notify you that I, __Name of Debtor__, dispute the above-referenced account and deny liability.  Please cancel the account immediately if not already terminated. 


    The second purpose of this letter is to request photocopies of all documentation relating to the creation of this account, including where available transcripts of any recorded telephone conversations.  Please include anything which might contain a signature purporting to be that of __Name of Debtor__.

    The third purpose of this letter is to request a complete account history showing all charges and payments on this account, and photocopies of any checks used in making payments on the account where available.  If the account is more than two years old, you only need to go back to the most recent point in time at which the account contained a zero (-0-) balance due or the most recent point in time at which the “previous balance”, including all late fees and accrued interest, was paid in full, such that no part of the amount presently claimed due and owing relates to any earlier invoice, statement or billing cycle.

    The fourth purpose of this letter is to notify you that I believe both you and __Name of Debtor__ are victims of fraud. [insert details as applicable or delete this paragraph.]

    Please cease immediately all future correspondence or communication directed to __Name of Debtor__.  You of course have the right, If you wish, to pursue a legal action attempt proving this debt.  Otherwise under the regulations of the Fair Debt Collection Practices Act, I respectfully request that you leave me alone. 
 
    Thank you for your attention to this matter. With best regards, I remain,

                            Sincerely,

                            Your signature


                            Your Printed Name
 

 
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