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Writing Suggestions
1) Overview for dispute letters to a credit reporting agency. Your letter (similar to the samples letters on this Web site) should include any relevant documentation and communicate:
a) The account name and number;
b) Why the credit report item is wrong and how the attached documentation
proves this;
c) How it is hurting you (please be candid);
d) If the credit reporting agency investigates and decides to continue reporting
the inaccuracy, ask them to send you anything they have that proves
the information is accurate and the procedure they used to determine
its accuracy;
e) Ask them to forward your letter and the attached documents to the
furnisher to review.
2) Other sample letters may apply. Review all the educational letters on this Web page, because you may find more than one letter may apply to your situation, or you may wish to combine the language from separate letters and add your own ideas; these educational letters are not easy to prepare, even for an experienced consumer attorney, so please seek professional help, if you find it confusing.
3) Don’t Rush. Allow enough time to prepare letters to a debt collector or the credit reporting agencies, so you make few or no mistakes; proof-read the letter for accuracy and understandability; try to make it no more than one page long; ask someone else to read it and correct any unclear language; avoid using “S.A.T.” words and legal jargon or citations; focus on the facts and what you want the recipient to do about your situation.
4) Tone and Content. Correspondence using a “matter of fact” tone is preferred; avoid arguing and asking rhetorical questions (such as, “Why do you feel that you can yell and call me several times a day?”); if certain conduct has upset your or your family, explain in a matter-of-fact manner the effect on you and your life (for example, “_____ [name] threatened to garnish my wages on _______[date], which made me cry, lose sleep, and have poor digestion for several days after); you should NOT explain the law, or threaten to sue or hire an attorney. Leave open your options. The reader may or may not be the person who upset you, and ultimately a judge or jury may read it, so have a respectful tone and stick to the facts.
5) Addresses for Letters Other than to CRAs. Address your correspondence to the company’s address for billing or credit-report issues, otherwise use the address for general correspondence; avoid using the address where bill payments are sent, unless that is the only address that you can find; when writing to a retailer, send it to the address where you purchased the product or their corporate office and a copy to any finance company at their address for billing or credit reporting disputes; you may also find a creditor or debt collector’s correct address on your credit report. The sample letters to the credit reporting agencies show their suggested addresses, which should be used by California consumers.
6) Time to Respond to Debt Collector Initial Letter. Within 30 days from the date that you received the debt collector’s initial letter, you should send a letter of dispute/verification or refusal to pay; because the date of your receipt is so critical, save the debt collector’s envelope and write on a calendar (or somewhere) the date that you received it, so it is recorded in writing; more information on disputing a debt collector’s debt is found in the article called: “Disputing Debt Collection.”
7) Proof of Delivery is Worth the $5 Postage. Certified mail, return receipt requested, is preferred when writing to a debt collector, the seller, and/or a financial entity, because the post office will return to you actual proof of delivery (PS Form 3811), provided that you have accurately written your return mailing address on the reverse side. U.S. Certified Mail can be delivered to a post office box, in addition to a street address. The U.S. Postal Service is preferred (and sometimes required, such as when writing to the seller about sales misrepresentations) over private delivery services, such as FedEx, UPS, DHL, Cal Overnight, and Airborne Express. The Post Office now offers electronic return receipts for certified mail, which saves money, and may be quicker than the traditional green receipt.
8) Fax Only If No Mailing Address is Available. Fly-by-night debt collectors might not give you any mailing address. In such cases, try to get their fax number and be sure that the fax you use gives a written transmission report showing the actual date and time of transmission, and the fax number dialed; the first page of any fax should be a fax cover sheet showing the recipient’s name/company, your call back information, and the number of pages attached; try to call the company to verify that the fax was received and, if you have addressed it to a specific employee, be sure to leave them a brief voice message that you have sent them a fax and to contact you only if they did not receive it or pages are missing. Note the fact that you called and left a voice message on your calendar or on a blank sheet of paper.
9) Debt Collector Letter Selection. Correspondence stating the key details of your dispute, including a copy of any supporting documentation available, is preferred over a “cease and desist” letter (see article entitled “Reasons to Avoid the Cease and Desist Letter”); if you are not able to describe a dispute of the debt and cannot make payments, consider the “Refusal to Pay” letter; be sure to ask the debt collector to send you specific documentation related to your dispute; also, do not forget that debt may be unenforceable in court, because of the statute of limitations (see article entitled “Old Debts”).
10) Enclosures are Preferred. If you are sending copies of any documentation, mention what you have enclosed in the text of the correspondence, and explain how the documentation supports your position; for example, “a copy of the credit card company’s last letter is attached, because it shows that the outstanding balance was $xyz, but you claim that $abc is now due, which seems much higher, without any explanation of the difference.”
11) Copies Sent to Multiple Recipients. Though most people send original letter to the recipient and keep a photocopy, if you are sending the correspondence to several companies, it does not matter if you keep the original and send each a copy; use a good photocopier and keep a complete copy, including the attachments, even if it means a few extra bucks; the cost of an extra copy is much cheaper than being unable to prove to a court exactly what materials you sent.
12) Upper Case Per Postal Regulations. Postal regulations require that envelopes be addressed in UPPERCASE letters without punctuation, which permits faster delivery times; if you cannot type this or have your computer print the envelope, handwrite it neatly in block, UPPERCASE letters.
13) Save Everything, Even Envelopes. If the company responds to your letter in writing, save every page and the envelope; if a representative calls you, be sure to ask for their name and write (on a blank, extra sheet of paper or record in a computer file) the date/time and everything that the caller said; ask questions if you are unclear on any point or if there is anything in your letter that you feel they have not answered, noting their response or refusal to respond; avoid using past correspondence (your evidence) for taking notes, blank paper or computer notes are better; only tape record when the person gives you permission or if you have put the caller on notice that you intend to record any calls.
14) Educational Purposes Only. Non-California residents may find the information on this Web site to be of limited or no educational value, as there are probably laws and court cases in your jurisdiction that affect your rights and obligations considerably from those of California consumers.
This Web site is a legal advertisement by a California law firm (a professional-law corporation) and is intended to provide educational information to persons who are not clients of this law firm. After reviewing and accepting the disclaimers, consumers may contact us to reach a California lawyer.
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