Legal Question in Credit and Debt Law in California
I am a first party debt collector (don't work for an agency). My question is does a "Demand Letter for Payment" have to be sent to the debtor before the debt can be turned over to an attorney or collections agency? If so, how much time do we have to give the debtor to respond to the Demand Letter? I am in California if that makes any difference.
1 Answer from Attorneys
Not generally, but I would suggest it is a good idea to do so. With all of the issues being raised in the mortgage arena regarding assignments of debts, debt collection rights, etc (not that this is a mortgage, but the defenses raised there tend to "dribble" into other types of debt collection)... you would be well served to send a letter indicating that you demand payment and that absent payment or other satisfactory arrangements for repayment being made, the debt will be turned over to a debt collection agency. Also be sure to include the FDCPA disclaimers whether or not they apply to you - it is just good practice to include it on any correspondence attempting to collect a debt. In terms of how long to give them - since the letter is not required, there is no limit on time. You can provide them with a week, two weeks or a month - whatever you believe is reasonable. I would suggest, however, that 14 days is probably the minimum reasonable timeframe in which to expect that they would contact you to resolve the debt.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."