Debt Relief – What Should You Do After Fraud Occurs?
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 option would be to consult with an attorney about suing the seller. But before you initiate legal proceedings, send the seller a demand letter explaining the problem and ask for your money back. Make copies of all original letters and be sure not to forward originals of any supporting documentation like the contract, receipts, or canceled checks. If you don’t receive a response from the seller or get what you want, your letter along with the supporting paperwork should be used as evidence in your lawsuit. If the amount is low, you may be able to do it yourself in small claims court. For larger amounts, you’ll probably wants the assistance of an attorney. Check with your state’s laws for specific requirements.
If you don’t get results with your initial letter, you can also file a complaint with the appropriate government agency. Check with your local or state prosecutor’s office for a referral to the appropriate agency. Most businesses devote more attention and care to complaints generated from a higher governing authority. The employee assigned to handle your complaint will most likely have the power to negotiate a resolution or refund.
Regardless if you decide to follow through with litigation, it’s always a good idea to report the issue to the appropriate government agency. As more complaints filter in overtime, the government agency will most likely take action against the business. This would save other future consumers from being ripped off.
When you correspond with the government agency, don’t just forward a copy of the original demand letter you sent the business. Most agencies prefer to sit back and wait and see if a business will resolve the issue with you. But when you directly file a complaint with the agency, the agency will contact the business requesting a response to the allegations.
If you have supporting documentation such as agreements, contracts, receipts, warranties, service agreements and advertisements, make sure you only send copies to the agency. If you kept a log of your correspondence efforts, you can also submit these. Keep photocopies of all paperwork submitted to the governmental agency. For maximum effect, you should forward the business a copy of your agency complaint.
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