Why Certified Mail Is The Best Way To Communicate With Debt Collectors And Credit Reporting Agencies

Why Do We Insist On Mailing Everything Certified Mail, Return Receipt Requested, To Debt Collectors And Credit Reporting Agencies?

INTRODUCTION

Whenever you communicate with a debt collector or credit reporting agency (Equifax, Experian, Trans Union, etc) we always recommend that you do so by certified mail, return receipt requested.  Sometimes our clients want to know why is it so important and why is it not good enough to just fax or mail a letter in a cheaper manner.  The answer is with anything other than certified mail, it can become difficult to prove the collector or credit reporting agency received it.

We love email but with spam filters it is not certain that the right person receives your email.

We love faxes but sometimes the fax confirmation sheet will not prove the company received it.

The only way to ensure, to make sure, that the collector or reporting agency received your communication is to send it certified mail, return receipt requested.

WHAT DO YOU GET WITH CERTIFIED MAIL, RETURN RECEIPT REQUESTED?

When you send out your dispute letter this way you make sure that the collector or agency actually get the letter.  The company has to sign the green card and date it.  This means you know exactly who received it and when they received it.  Out of all of our cases we only had one defendant deny getting the certified mail.  When we showed them the signed receipt (signed green card) the lawyer for the defendant argued it was someone else in the building that signed his client's name to it.  When we pressed, the lawyer caved on this because of the effectiveness of using a certified mail sent return receipt requested.

HOW DOES CERTIFIED MAIL WORK IN A TRIAL?

We have seen companies of all sizes and sorts take the position that the critical email, fax, or mail did not make it to them.  Thus, it comes down to who does the jury believe.  This is why having the signed green card is so important.  If a collection agency or Equifax or Trans Union or anyone else wants to argue about receiving your letter, and they signed the green card, then their credibility is seriously in doubt.  We all understand the trustworthiness of the US Postal system.  Yes we sometimes complain but think of it - for a couple of quarters a government worker takes your letter and personally delivers it anywhere in the country with astonishing accuracy.  Add to this making the other person sign for it and it becomes very difficult for the defendant to deny receiving it.  You have their signature or in the case of a business more likely a stamp - "Equifax" or "Experian" or "NCO".  To deny that is sort of like the famous incident with the talented Charles Barkley who said he was misquoted.  In his autobiography.  That's a hard sell....

CONCLUSION

If you have something worth sending that may end up in litigation - send it certified mail.  Don't save a couple of bucks and cost yourself thousands or tens of thousands of dollars because you have given the defendant something to argue.  Send it certified mail, return receipt requested, and lock down the receipt of your letter.  When you are in litigation or getting close to trial, you will be thankful you did.

Please feel free to contact us or call us at 205-879-2447 (John Watts) or 205-714-4443 (Stan Herring).