Sample Debt Validation Letter
The FDCPA operates
on the least sophisticated debtor standard so you don't have to be fancy. Just
make sure you do it in writing and send it certified mail. Simply ask the
attorney to verify the debt in accordance with the FDCPA.
Back to
"How to Beat a Collection Lawsuit" article
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(Date)
(Your Name)
(Address)
(Collector's Name) (Collector's address)
Re: Acct # XXXX-XXXX-XXXX-XXXX
Dear Collector:
This letter is being sent to you in response to a
notice sent to me on (insert date letter sent by collector). Be advised that
this is not a refusal to pay, but a notice sent pursuant to the Fair Debt
Collection Practices Act, 15 USC 1692(g) 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: a simple
accounting of the debt, the name and address of the original creditor, and the
original account number. Also, please show me that you are licensed to collect
in my state and provide me with your license numbers and your Registered
Agent.
Your anticipated cooperation in this regard is
greatly appreciated.
Best Regards,
Your Signature Your Name |
REMEMBER: ALWAYS SEND LETTERS TO
COLLECTION AGENTS VIA CERTIFIED MAIL.
It's very important not to be antagonistic. Don't
threaten the collector and don't lie. Don't threaten to sue him or report him
to the Bar or say you have an attorney if you don't. These tactics don't
intimidate collection lawyers and simply mark your file for extra special
attention. Finally, a certified mail written request for an FDCPA verification
may end the collection process. That is true in a very small percentage of
cases, but it is worth taking as a first step.
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