11
Dec
12

Debt Validation Letters

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency claims you owe and they are trying to collect.  Below is a sample letter you can send to make the debt collector verify that the debt they claim you owe is actually yours and due and owing.  Be sure to keep a copy for you files and send the letter registered mail.  This is not legal advice and it’s always best to contact an attorney, you can contact us at 619-800-3082 or by going to our website.

Date

ABC Collections
123 First Ave
San Diego, CA

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on November 30, 2012). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

•    What the money you say I owe is for;
•    Explain and show me how you calculated what you say I owe;
•    Provide me with copies of any papers that show I agreed to pay what you say I owe;
•    Provide a verification or copy of any judgment if applicable;
•    Identify the original creditor;
•    Prove the Statute of Limitations has not expired on this account
•    Show me that you are licensed to collect in my state
•    Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if you report negatively to any credit reporting agency I will not hesitate in bringing legal action against you for the following:

•    Violation of the Fair Credit Reporting Act
•    Violation of the Fair Debt Collection Practices Act
•    Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I am also requesting that you do not contact me by telephone at my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

 

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The content found on the financialfreshstart Blog is not legal advice and is purely for informational purposes. The Zarcone Law Firm does not guarantee the accuracy, integrity or quality of submissions. The information provided by the bloggers on this site may not represent the opinions of the Zarcone Law Firm or its affiliates. The information contained herein is not a substitute for the advice of an attorney.

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