Friday, May 14, 2010

Set procedure for Collection Agencies to accept cases?

I am having a dispute with a CPA, who wants to charge me $200 for no useful service. He threatened me to deal via collection agency and affect my credit report. He is going to send me an invoice. I can argue his case in court, as his charge comes without no prior discussion of charges for his services. He pretty much surprised me with his charges saying the services are already done, now you pay $200 for this. I want to stop him to go to collection agency. What should I do? If I reject his invoice with a Certified mail explaining why I dont think the charge is correct, will it hamper his effort to go to collection agency? Is there a time after which the collection agency will accept his case?Set procedure for Collection Agencies to accept cases?
Okay there is really nothing you can do except dispute it until to comes into a collection agency. Not accepting the invoice will not help. Get it, and keep it. Document your dispute send him by sending letters (certified). Also did you sign anything accepting the servies? if so get copies of everything. Keep your cool, he cannot threaten you with action he doesn't intend to take! After he sends you to a collection agency the FDCPA (Fair Debt Collection Practices Act) kicks in and there is certain things that must happen.


the collection agency must verify that teh debt is good and current.


Also You will have a 30 day disputing period from the time the coll agency contacts you to dispute the bill, it must be marked disputed on your credit report by the coll. agency. If he cannot prove it's legitimacy to the coll. agency too. It must be canceled off your credit report and the coll. cannot persue it. a dn tehn hes pretty SOL- you can also take him to court after all this if it is false for deformation of charicter.





-Hope that helps a bitSet procedure for Collection Agencies to accept cases?
Can he send it to an agency? Yes. Will they accept the case? For only $200, probably not. Why? It's not worth their time.





Collection agents are under a lot of preasure to show results. In your case they will have to start by wasting time calling you on the phone for a few weeks to threaten you. During this time they are sending you letters. The cost in time/money starts adding up.





The agency gets from 30%-50% of what they collect. So in your case, is it worth spending $50 to make $60-$100? Nope. They are more interested in pestering the 70 year old retiree with medical problems who owes $23,000.





Your concern is their interfering with your credit history. So here is what you do. GET ARMED! Knowledge is your only weapon. Read the links below.





Send the CPA a letter outlining your objection to the debt, and threaten legal action if any negative reports are discovered on your credit history. NOTE: It is extremely unlikely that he has the ability to get this on your credit history. They do not have reporting rights. If he does somehow manage to do it, you have a wide range of laws to punish him under, including mail fraud.





Now if he gives it to Mr. Collection Agent, don't believe the nonsense that they are looking out for your interest and will ';verify'; your debt first. Their idea of ';verify the debt'; is to call the CPA and ask if you really owe this debt. If he says YES then they come after you. After all, they are in the business of debt collection, and this is how they earn a living.





What you want to do is send a letter to the collection agency demanding that they ';validate'; the debt. The differance is that now Mr. Collection Agent must research your debt, request all copies of contracts, logs, receipts, bills, and anything to do with how the amount you owe was calculate. And they must demonstrate that you actually have a legal obligation to pay it! After you revue this information, you decide if he has a case or not.





Mr. Collection Agent gets your letter, realizes he's about to spend a few hours of work for only $60-$100, and suddenly sends you a letter saying they are sending the collection back to the original creditor and removing your negative credit report.





Trust me, I've counseled many people on this. The worst case is they will sue you, and you simply explain your side to the judge. For $200 it's worth the gamble.

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