How a Law Firm Conducts a Debt Verification Plan

Debt verification is a critical process that ensures the validity and accuracy of a debt before a debtor agrees to make payments. When a law firm conducts a debt verification plan on behalf of a client, they follow a structured approach to ensure that the debt collector or creditor adheres to legal standards and provides the necessary documentation. Here’s a detailed overview of how a law firm typically conducts a debt verification plan:

1. Initial Consultation and Assessment

Client Interview:

The law firm meets with the client to understand their situation, including the details of the debt in question and any correspondence received from creditors or debt collectors.

Documentation Review:

The firm reviews all documents provided by the client, including collection notices, credit reports, and any prior communications with creditors or debt collectors.

2. Legal Preparation

Understanding the Debt

  • The law firm identifies the type of debt (e.g., credit card debt, medical debt, personal loan) and the original creditor.
  • They verify the statute of limitations for collecting the debt in the client’s jurisdiction.

Understanding the Debt

  • The firm drafts a formal debt verification letter on behalf of the client. This letter requests detailed information about the debt, including:
  • The amount owed.
  • The name and address of the original creditor.
  • Proof that the debt collector has the legal right to collect the debt.
  • A detailed accounting of the debt, including the original amount, any interest, fees, and payments made.

3. Sending the Verification Request

Certified Mail:

The debt verification letter is sent to the debt collector via certified mail with a return receipt requested. This ensures there is proof that the debt collector received the request.

Tracking Deadlines:

The law firm tracks important deadlines, including the 30-day period during which the debt collector must respond to the verification request under the Fair Debt Collection Practices Act (FDCPA).

4. Reviewing the Debt Collector’s Response

Response Analysis:
  • Once the debt collector responds, the law firm reviews the provided documentation to determine if it meets the legal requirements for debt verification.
  • Proper documentation proving the debt’s validity.
  • The legitimacy of the debt collector’s right to collect the debt.
  • Any discrepancies or errors in the debt amount or debtor information.
Identifying Deficiencies:

If the provided documentation is insufficient or if there are discrepancies, the law firm notes these issues for further action.

5. Communicating with the Client

Report Findings:

  • The law firm communicates the findings to the client, explaining whether the debt was properly verified or if there are grounds to dispute the debt further.

Advice on Next Steps:

  • If the debt is verified, the firm advises the client on potential repayment options or negotiating a settlement.
  • If the debt is not verified, the firm advises the client on disputing the debt, including potential legal action against the debt collector for violations of the FDCPA.

6. Follow-Up Actions

Dispute Resolution:
  • If the debt verification is inadequate, the firm may draft a dispute letter challenging the validity of the debt.
  • They may also file complaints with the Consumer Financial Protection Bureau (CFPB) or the state attorney general’s office.
Litigation:

In cases of persistent issues or violations of the FDCPA, the law firm may represent the client in legal proceedings against the debt collector.

7. Ongoing Monitoring

Continued Support
  • The law firm continues to monitor the situation, ensuring that the debt collector ceases collection efforts until proper verification is provided.
  • They offer ongoing legal advice and support to the client to handle any further collection attempts or legal issues.

Conclusion

A law firm’s debt verification plan is a comprehensive and structured approach to protect clients from illegitimate or erroneous debt collection practices. By leveraging their legal expertise, law firms ensure that clients’ rights are upheld and that any debt collection efforts are based on accurate and legally valid information.

What is the typical success rate of law firms using a debt verification process to eliminate a client's debts?

The success rate of law firms using a debt verification process to eliminate a client’s debts can vary significantly based on several factors, including the nature of the debt, the accuracy of the debt collector’s records, and the specific circumstances of the case. However, there are some general trends and considerations to keep in mind:

Factors Influencing Success Rates

1. Quality of Debt Records:

If the debt collector has poor or incomplete records, there is a higher chance that the debt cannot be verified properly. In such cases, the debt might be eliminated or deemed uncollectible.

2. Type of Debt

Some types of debt, such as credit card debt or medical debt, are more prone to errors and incomplete documentation compared to others like student loans or secured loans.

3. Consumer Rights Violations:

If the debt collector has violated the Fair Debt Collection Practices Act (FDCPA) or other consumer protection laws, the chances of eliminating or reducing the debt increase significantly.

4. Statute of Limitations:

If the debt is beyond the statute of limitations for collection in the client’s state, the law firm can often successfully argue that the debt is no longer collectible.

5. Debtor’s Financial Situation:

The overall financial situation and history of the debtor can influence the outcome. Debtors with a history of disputing debts and maintaining accurate records might have higher success rates.

Typical Success Rates

While it is challenging to provide a precise success rate due to the variability in cases, here are some general observations:

1. High Success in Verification Failures:

In cases where debt collectors fail to provide proper documentation, law firms often have a high success rate in getting those debts eliminated or dismissed. This can range from 40% to 60% or higher, depending on the thoroughness of the verification process.

2. Moderate Success in Documentation Disputes:

When there are discrepancies or errors in the documentation, law firms can often negotiate a reduction or dismissal of the debt. Success rates in these situations might range from 30% to 50%.

3. Lower Success in Well-Documented Debts

If the debt collector provides thorough and accurate documentation, the success rate of eliminating the debt through verification alone is lower, potentially around 10% to 20%. However, other strategies like negotiating settlements might still be effective.

Key Considerations
  • 1. Law Firm Expertise:
    The experience and expertise of the law firm play a crucial role. Firms specializing in consumer protection and debt disputes tend to have higher success rates.
  • 2. Client Cooperation
    Clients who provide complete and accurate information and follow the law firm’s guidance closely can improve the chances of a successful outcome.
  • 3. Legal Environment:
    The legal environment, including state laws and the aggressiveness of debt collectors, can also impact success rates.

Conclusion

While the success rates of using a debt verification process to eliminate a client’s debts can vary, law firms generally achieve significant success, particularly in cases where debt collectors cannot provide adequate documentation. Clients should seek law firms with strong expertise in consumer protection laws to maximize their chances of a favorable outcome.

Life-Changing Results

Hardworking people across the country have found their world turned upside down by debt. For many, it’s an overwhelming burden with no hope in sight. We’re here to give those good people a hand up. This is a responsibility that our association with law firm takes very seriously and our attorneys are focused on delivering life-changing results. This includes stopping the anxiety-inducing calls from collectors, aggressively leveraging consumer rights laws to prove a debt is uncollectible, auditing the credit bureaus to remove invalidated information, and securing dismissals of debts for our clients in court. These consumer laws are your rights.