Debt Relief - How To Deal With Fraud
If you're a victim of fraud or misrepresentation
, you won't be responsible for the debt. However, it's important to know what your options are once it occurs. General consumer protection laws (UDAP) may let you cancel the contract, stop paying, or request a refund. If you never paid money towards the debt or are being sued by a creditor or collection agency, you can use the UDAP laws as your defense.
Another alternative would be to consult with a lawyer about taking legal action against the seller. However, to save money and headaches, you should correspond by mail with the seller and inform them of the problem and demand to be reimbursed. Before you forward any correspondence, be sure to make copies of all original letters and only send copies of any supporting documents such as the original contract, receipts, canceled checks. If you don't have any luck with the seller or he or she won't offer you what you would desire, you can submit your letter and any supporting documentation as evidence in your case. Depending on the requirements of your state, disputes for smaller amounts can be filed in small claims court. If the amount is substantial, you're better off utilizing the help of a lawyer.
If the seller fails to respond to your letter or won't cooperate with your request, you can include the original letter and any collateral evidence as part of your legal case. If the amount in dispute is small, your state may allow you to seek restitution through small claims court. Larger dispute will necessitate the support and experience of a trained attorney.
Another effective technique you can implement when a seller refuses to cooperate with you is to file a complaint with the proper government agency. For recommendations of the appropriate agency, try contacting your local or state prosecutor's office. If you filed a complaint with a government agency, the business will act swiftly and cooperate with the agency to resolve all issues quickly. The business will nominate a special representative to bring a quick resolution to your case.
The best method to get a government agency to take action is by completing the agency's standard complaint form. If you only submitted a copy of the demand letter you mailed to the merchant, the agency will not take action without allowing the merchant an opportunity to correct the problem. When you submit a formal complaint with an agency, they'll issue a formal investigation requesting the business respond to the allegations.
When submitting your agency complaint, don't make the mistake of only submitting a copy of the original letter of demand you sent the business. When the agency sees you're in the middle of trying to settle a dispute, they'll most likely hold back from taking action until the business has ample opportunity to rectify the situation. A better technique would be to complete and submit the agency's own complaint form along with any supporting paperwork such as copies of receipts, ads, warranties, contracts, and service agreements pertaining to the transaction. Log records of your efforts to settle the dispute can be included. To maximize your efforts, forward a copy of your agency complaint to the business.
by: Robby Thomas
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