Company
Address 1
Address 2
City, State Zip
Date
RE: Account
XXXXX-XXXX-XXXXX
Dear Sir/Madam:
I am continually being
called on the telephone by your firm over an alleged $9000 debt. I'm sure you
are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA),
and I am requesting validation of this debt. I am requesting proof that I am
indeed the party you are asking to pay this debt, and there is some contractual
obligation which is binding on me to pay this debt. I request that you stop contacting
us on the telephone and restrict your contact with us to writing, and only when
you can provide adequate validation of this alleged debt. To refresh your
memory on what constitutes legal validation, I am giving a list of the required
documentation:
- Complete payment history, the requirement of which has
been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS
509 and
- Agreement that bears the signature of the alleged
debtor wherein he agreed to pay the original creditor.
- Letter of sale or assignment from the original creditor
to your company. (Agreement with your client that grants you the authority
to collect on this alleged debt.) Coppola v. Arrow Financial Services,
302CV577, 2002 WL 32173704(D.Conn., Oct. 29,
2002) - Information relating to the purchase of a bad debt is not
proprietary or burdensome. Debtor must phrase their request clearly to
obtain: The source of a debt and the amount a bad debt buyer paid for
plaintiff's debt, how amount sought was calculated, where in issue a list
of reports to credit bureaus, and documents conferring authority on
defendant to collect debt.
- Intimate knowledge of the creation of the debt by you,
the collection agency.
I'm sure you know, under
FDCPA Section 809 (b), you are not allowed to pursue collection activity until
the debt is validated. You should be made aware that in TWYLA BOATLEY,
Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection
account indeed is considered collection activity.
While I prefer not to
litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an
uneventful resolution of this matter.
Sincerely,
Signature
Your Name
Your Address
City, State Zip
enclosures
