Skip to main content

Does a debt collector who sends you a certified letter have to let you know who it is from?

Hyattsville, MD |

What happens if you reject the letter? Does the Notice of Default start when you receive it from the date of the Notice?

Attorney Answers 3

Posted

Your question is a little unclear, but I will answer by saying that certified mail letter will have the zip code and address of the sender on it. I am assuming that you believe the debt collector is working for a 3rd party and that who that third party is was not disclosed on the outside of the letter. There is no requirment that the principal be disclosed on the outside of the letter. In addition, the Notice of Default is just that, a notice. The default is an underlying event that has happened and the date of the notice does not have an impact on that. However some time lines are determined by the date of notices and the delivery of notices. However, I would not count on refusing a letter to extend a deadline. What type of notice are you talking about? You need to talk to a lawyer directly and disclose more facts. It would be too easy if you could extend deadlines just by refusing to accept mail sent to you. Evasion of service does not work for very long in any case.

Mark as helpful

Posted

No they do not. Debt Collectors can often be entities/people who purchase debt from the original lender for a discount and try to collect. Along those lines, all you need to know is the return address on that certified letter.

Mark as helpful

Posted

Usually it is best to accept the certified letter, because the other party will take your certified letter to court unopened, and then will open it up in court in front of the judge. The judge then may decide that the notice has been given, and then proceed with the case. The fact that a person rejects such a letter does not stop the judge from ruling that the notice was made upon the recipient, regardless of the rejection. Then the judge can move the case forward and still issue a judgment or whatever else the judge has the right to do based on the nature and status of the case. So usually it is best to just accept the certified letter and then deal with the issues. Of course, some individuals hide out in the boondocks and avoid all ordinary culture and society to avoid collection agencies and other legal processes. Avoiding notice of a lawsuit is only successful on a temporary basis because the court can order service of process by publication or by posting on the courthouse bulletin board. So the only person hurt by rejecting a notice of a lawsuit or of a collection matter is the person to whom the letter is addressed, because the legal processes against that person are still going to move forward successfully, sooner or later, but that person will not know what is going on or how to stop the process because now the person does not even know when the court hearings are scheduled or where they are scheduled. So most people decide to just accept all certified mail, and then just deal with the issues straight up and with full knowledge of what is going on.

This answer is NOT legal advice and is GENERAL INFORMATION ONLY and does NOT establish an Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.

Mark as helpful