Attempt to Validate Debt.
Under the Federal Debt Collection
Practices Act, you are allowed to challenge the validity of a debt that a
collection agency states you owe to them. Use this letter and the following
form to make the agency verify that the debt is actually yours and owed by you.
Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
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 September 30, 2002). 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 any negative mark is found on any of my credit reports by your
company or the company that you represent 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 would also like to request, in
writing, that no telephone contact be made by your offices to my home or to 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
