Refusal to Pay
Despite it being against the law, many debt collectors respond to consumers’ “refusal-to-pay” letters. These are letters written by a consumer to a debt collector that state that the consumer will not pay the debt it’s trying to collect from them.
WHAT THE LAW ACTUALLY SAYS
The Fair Debt Collection Practices Act (FDCPA) section on this reads:
“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.”
WRITING REFUSAL-TO-PAY LETTERS
Refusal-to-pay letters are simple to write. The consumer only needs to send a letter to the debt collector stating something like “I refuse to pay this debt” with the debt amount and account number listed for reference to eliminate confusion. Be sure not to ask for a response— doing so authorizes the debt collector to contact the consumer back, and defeats the purpose of the letter.
DEBT COLLECTOR RESPONSES
For some reason, debt collectors often respond to these letters. Unless they respond to notify the consumer of a lawsuit, or that they’ll back off the collection account, their response probably violates the FDCPA. If you receive a response to a refusal-to-pay letter, please consider the possibility of hiring a consumer attorney .
WHAT THE LAW ACTUALLY SAYS
The Fair Debt Collection Practices Act (FDCPA) section on this reads:
“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.”
WRITING REFUSAL-TO-PAY LETTERS
Refusal-to-pay letters are simple to write. The consumer only needs to send a letter to the debt collector stating something like “I refuse to pay this debt” with the debt amount and account number listed for reference to eliminate confusion. Be sure not to ask for a response— doing so authorizes the debt collector to contact the consumer back, and defeats the purpose of the letter.
DEBT COLLECTOR RESPONSES
For some reason, debt collectors often respond to these letters. Unless they respond to notify the consumer of a lawsuit, or that they’ll back off the collection account, their response probably violates the FDCPA. If you receive a response to a refusal-to-pay letter, please consider the possibility of hiring a consumer attorney .
