Why when you go to the mailbox you become clairvoyant? You transform from mom to person who can see inside envelopes. Yes, I’m talking about you, Mom. You receive the mail when the postman arrives and you leaf through it like a beaver chewing on a log. You can tell simply by your feelings, whether or not there is a nice letter from Mom or an unpleasant letter from some attorney or collection agency. You magically take that letter and put it under the coffee table so that when your clever brother-in-law comes, you can ask him what he thinks.

After all, he is smart about these things. But what’s amazing about your ability to see inside envelopes is that you can choose a check in the dark. I congratulate you on that talent. Most men are not blessed with that talent, so we rely on our wives to sort mail. Yes, when that nasty letter comes in, Mom puts it under the coffee table, never to see the light of day again because she hates your brother anyway and doesn’t ask him the time of day.

So, let’s get into it. That nasty letter you’re afraid to open is pretty funny. I’ll tell you why. It always helps to know why certain laws are on your side so that you can enjoy laughing like I do when my daughter shows me her nasty cards. The Fair Debt Collection Practices Act that was amended by our famous Bill Clinton in (1997) has some very strict laws. When a bill creditor / collector contacts you for the first time, either by mail or by phone, they must provide you with the following information. It’s called a mini-miranda. Like on TV. Yes, you have rights.

The message, whether oral or written, should say this. “This is XXXx XXXXX and this is an attempt to collect a debt. You have thirty days FROM THE DATE OF THIS CALL OR FROM THE DATE YOU RECEIVE THIS LETTER, to dispute ANY part of the debt. If you do not respond, we CAN ONLY ASSUME that the debt is valid and you can use all legal means to collect.

Now, read carefully. It says you have thirty days to dispute ANY part of the debt. Well Mom, here’s Sir Galahad to the rescue. Read more. It usually says “Greetings, we own this debt. You owe us $ 5,000.00 Now, we understand your problems and want to help you (big deal). If you send us a payment of $ 2,500.00 within the next ten days, we will consider this account as paid in full and we will notify the credit reporting agency.

Okay mom, just think about what they just did. They told him to pay $ 2,500.00 BEFORE he had a chance to dispute any part of the debt. This is a violation of Federal Law and they can be fined in the amount of $ 1,000.00 and there is NO defense. So from now on, even if the envelope looks official because it might have a lawyer’s address on it, open it up and look for pitfalls like this. Now I have more students who laugh when they receive their mail instead of facing deficiency judgments for not responding. Keep an eye out for another article I’ve posted on “responding to lawsuits” related to bill collectors.

Regis Sauger Author