Sample Debt Validation Letter
66Debt collection companies can be difficult to deal with. No one wants a phone call or letter from these companies. If you do get one what should you do though? Send the letter below and ask them to provide you with validation of the debt.
The Fair Debt Collection Practices Act (FDCPA) gives you the right to request validation and provides you many other protections against debt collectors. The letter below is widely available on the internet. It's best if you don't use the exact wording - instead customize it to your situation and the tone you'd like to take. Collection companies can spot form letters so if you change and customize the letter you will have much better results.
The sample letter is below.
Sample Debt Validation Letter
[Date]
[Your Name]
[Your Address]
[City, State ZIP
[Collector Name]
[Collector Address]
[City, State ZIP]
[Phone number]
Certified Mail No.: _____________
Re: (Account #, Inquiry Dated ____, Letter Dated ____, Phone Call Dated ____, etc.)
To Whom It May Concern:
Thank you for your recent _________. (Letter, Phone Call, Inquiry, etc.) This is not a refusal to pay, but a notice that your claim is disputed.
This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.
Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.
You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.
Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.
Best regards,
[Your Name]
Don't sign the letter either. They don't need your signature and signatures given to some unscrupulous collection agencies have been known to find there way to other documents.
CommentsLoading...
Hi Mario,
There should be no interest charged by collection agencies. If the original creditor charged off the account but didn't sell it to a collection agency, they could charge interest. BUT... a collection agency/attorney cannot purchase charged off debt from an original creditor and then begin charging interest on it. Depending on what the debt is for and how much is owed there are a few different things you can try. If the amount is small - meaning small enough that they probably wouldn't try to sue to recover it - you could try to offer them a pay for delete payment. Here's a good letter for that: http://hubpages.com/hub/Sample-Pay-For-Delete-Lett Sometimes if the amount is small enough it's worth it to them to just take a payment and delete the account. If it is small I would not pay unless they agree in writing to completely remove it from your reports. You want to make sure you get something out of paying it.If the amount is larger you need to be aware that most likely it is within the statute of limitations for them to file a lawsuit and recover the money. If you have sent a validation letter and they have not responded and fully validated the debt I wouldn't worry. If there were to file a lawsuit prior to validating case law shows that they are continuing collection activity without propper validation which is a violation of the FDCPA.
A wonderful website that I am not affiliated with could be of some help - creditboards.com/forums. The members there are very helpful and extremely knowledgable. You'll find that many of them have dealt with the same issues you are dealing with now - some may have even dealt with the same collection agency. Again, I'm not affiliated with the site but there is TONS of great info there if you search the forums.
This is a great letter, but I don't understand this part:
Please complete and return the attached disclosure request form.
Well, I mean, I understand it, but is this a regular form I can get somewhere, or is it something I make up?
It's basically a form you create but it would look something like this...
Hi Dale,
From what I understand it is also helpful to send the letter Certified Mail (return receipt requested). Also, they also have a certain amount of time to respond or they are required to erase the debt (is that correct?).
Thanks,
Robert
robert_w_gaines yahoo
Yes, sending it CMRRR is important for building a paper trail. It establishes they received the letter and when. They have 30 days to respond with validation or delete and must mark the account as "Disputed by Consumer" with the credit reporting agencies.
I Sent validaion letters and a couple of them were undeliverable as they moved with no forwarding address what would I do next
MARIO 3 years ago
I have a similar issue. My account was charged off, since May of 2006. And my account was bought and sold several collection agency. However, within that time my balance never changed. The last collection has fowarded to their attnorey, and the balance increased. They saying is the interest charged from the time account was charged off but i have copies from other collection agencies that my balance never changed. And i send them a vaidation letter. And they failed to respond. Where,should i go from here.