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Sample Debt Verification Letter

Date Your Name Your Address Your City, State Zip Collection Agency Collectors Address Collectors City, State Zip Re: Account Number XXX-XX-XXXX-X To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on January 12, 2009. This is not a refusal to pay. Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), I am disputing your claim and requesting validation of the debt. I request that your offices provide me with evidence that I have a legal obligation to pay you including proof of the debt, the name and address of the original creditor, and the original account number. Please also provide me with your license numbers and your Registered Agent to show that you are licensed to collect in my state. I request that you cease all collection activity while you collect the aforementioned information. This includes listing the information on my credit report. If you do not comply, I will file a complaint with the Federal Trade Commission and the state Attorney General. Civil and criminal claims will be pursued. I appreciate your anticipated cooperation in this matter. Best Regards, Your Name

Modify the Letter to Fit Your Needs


The letter above is a template that can and should be customized to fit your individual circumstances. Put todays date in place of the word Date. Make sure you update the Your Name block to include your name, address, city, state, and zip code. Make sure you update the Collectors Name block to include the debt collectors name, address, city, state, and zip code.

Include your account number. Or, if the debt collector has another name for it, like control number or access number, use that phrasing and the unique number thats been assigned to your alleged debt. Your debt verification letter should be sent after the debt collectors first contact with you. If that contact was a phone call rather than a letter, change the first sentence to reflect that. For example, you might say This letter is being sent to you in response to a phone call your agency made to me on January 12, 2009. Alternatively, you might say This letter is being sent in response to your recent entry on my credit report. How you phrase that sentence depends on how you initially learned of the debt. Avoid signing your name to the debt verification letter. Unscrupulous debt collectors could photocopy for forge your signature on other documents. Keep a copy of your letter. Send your letter via certified mail with return receipt requested. This way you have proof of the date the letter was mailed along with the date it was received by the collector. This may strengthen any claims of wrongdoing you make against the debt collector. The debt collector can take as long as necessary to provide you with proof of the debt. However, until this proof has been sent to you, the collector isnt allowed to collect the debt from you including call you, send letters, or list the debt on your credit report.

Sample Judgment Proof Letter


Date Your Name Your Address Your City, State Zip Collectors Name Collectors Address Collectors City, State Zip Re: Account Number xxx-xxx-xxxx Dear Collector: This letter is in response to your attempts to collect an alleged debt from me (referenced above). At this time, I am unable to make payments on this debt because I am {disabled, unemployed, insolvent, etc}. Any income I have is exempt from garnishment and my property is exempt from liens or attachments. Since there is no legal way for you to collect the debt from me at this time, I am requesting that you cease and desist your attempts to collect this debt. I will notify

you if my financial situation improves and I am able to begin making payments. Thank you for your understanding. Sincerely, Your Name

Modify the Letter to Fit Your Needs


Before you print and send this letter, you should personalize it to fit your situation. Put todays date in place of the word Date. Put your actual name, address, city, state, and zip code in the block that begins with Your Name. Put the collectors name, address, city, state, and zip code in the bloc that begins with Collectors Name. Replace the Xs with your account number. If the collection agency references your account number using some other terminology like Control Number, you can use those words. In the sentence At this time, I am unable to make payments put the actual reason that youre not able to make payments. It could be that youre unemployed, you overall debt is too high, or youre already having your wages garnished for the maximum allowed amount. Avoid signing the letter because unscrupulous collectors could forge or photocopy your signature onto other documents. Keep a copy of the letter for your records. Send the letter via certified mail with return receipt requested so you have proof of the letters mailing and receipt.

Enforcing Your Rights


Remember, that there are no specific laws that prevent the collector from contacting you simply because you are judgment proof. However, since you have requested that the debt collector cease and desist contact, it has to comply. The collector or creditor can still sue you for the debt even after you send a judgment proof letter. Free Sample Letter Judgment Proof Notification Letter Today's Date Your Name Your Address

Collector' or Creditor Name Address RE: Account {insert account name and/or number} Dear Collector or Creditor, I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about the above referenced account. I am unable to pay on this account due to {insert reason here i.e. unemployed, disability} . This is a {permanent or temporary} situation. I also hope to save both of us a great deal of time, energy and expense by letting you know that I have no attachable income or own any assets such as a home, car or land; essentially I have no money and can prove it! In accordance with the Fair Debt Collection Practices Act, 15 USC 1692c, 805(c): (c) CEASING COMMUNICATION. "If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt..." Although I agree that I owe this debt, I am unable to make any payments toward it and therefore ask that you cease further communication with me concerning this debt. I will notify you if my financial situation improves enough to allow me to begin or resume making payments. Thank you for your understanding in this matter. Sincerely Signature Printed Name FREE Sample Letter Stops Debt Collection Calls to 3rd Parties Today's Date Your Name Your Address Collector's Name Collector's Address Mr./Ms. Collector, I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act, specifically: 804(3) - Acquisition of Location Information (15 USC 1692b): Any debt collector

communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information. 806(5) - Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The following conduct is a violation of this section; "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number." I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is not associated with my phone number and that I have no additional location information to provide you. Therefore, in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any other location! Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and pursue all available legal actions to stop you from harassing my family and me. Signature Your Printed Name

HOW TO BEAT A COLLECTION LAW SUIT


4 STEPS TO SUCCESS
By Andy Nelms, Esq./Montgomery, Alabama DISCLAIMER: This article comes with a giant, very real DISCLAIMER. This article does not and is not meant to give legal advice. I am not YOUR attorney and we have no attorney client relationship. If you use any of the information imparted by this article, you do so at your own risk and I strongly urge you to consult your own attorney. This article is written with the assumption that the debt for which you are being sued is a valid debt and that it is your debt. If you are being sued over a debt that's not yours, please stop reading this article and find a local lawyer in your area. If not, then the difficult moment of truth has finally arrived; you've been sued by a debt collection attorney. So, what do you do now, assuming you simply cannot pay the debt?

STEP ONE The very first thing you do is request a Federal Fair Debt Collection Practices Act debt VALIDATION pursuant to 15 USC Section 1692(g) See Validation of Debts. NOTE: Some refer to Validation as Verification. In my humble opinion there is no difference so don't let the language confuse you. As far as I'm concerned, for purposes of this article, Validation and Verification are the same thing. The United States Congress has given us help pursuant to 15 USC Sec. 1692(g). See Validation of Debts. This statute requires a collector to cease collection activities pending the debt's verification or validation. In addition, any credit collector found in violation of 1692(g) is subject to suit and penalties pursuant to the Fair Debt Collection Practices Act, 15 USC section 1692(k). See Civil liability What is validation or verification? Simply put, proper validation of a debt depends on the specific nature of the dispute. At a minimum, the debt collector is required to confirm with the creditor that the amount being claimed is correct and that the person he is attempting to collect the debt from is the person who owes it. The most basic response to a validation/verification request would be for the collector to provide the name of the original creditor and some simple statement regarding the alleged amount owed. A Word of Caution; I have seen, and you may see, Internet sites exclaiming that collectors must provide an expansive amount of information, and some will lead you to believe that if the collector does not answer an exhaustive list of specific validation requests, then a violation of law is created. THIS IS FALSE, FALSE, FALSE!! The United States Fourth Circuit Court of Appeals has opined that validation can be nothing more complicated than this: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt." See, Chaudhry v. Gallerizzo, 174 F.3d 394 (1999). (So, don't listen to those internet pundits! No, wait! I'm one of those! Okay, you can listen to me. :) All that having been said, requesting validation of the debt works for two reasons: First and most importantly, it buys you some time. Under the FDCPA, all collection activity must cease until the attorney puts that verification in the mail to you. The verification is usually a simple statement signed by the creditor, and it will not take the collection attorney long to obtain it or mail it, but it does "stay" collection activities, including law suits, until answered. Secondly, it sends a signal to the collection attorney that you are not going to be a rollover debtor. He knows you will be active in the defense of the suit. The last point is very critical because a high percentage of collection suits simply proceed to default judgment without any response from the debtor. Default judgment is a collection attorney's dream. He loves consumers who don't answer law suits and, believe it or not, a majority of law suits filed by collection attorneys go unanswered because the debtors feel like they can't fight the debt in court, usually because they feel they owe the

money so they have no point in fighting. However, by filing a validation request, you send a very strong message to the collection attorney that you aren't going to give up. He might actually have to go to court himself and you may force him to prove the debt. Also, by filing the validation request, you actually stay the collection proceedings. Thus, if a collection attorney cannot move forward against you in a collection suit, the chance of your having a default judgment against you is greatly diminished. They don't like that one bit.

HOW DO I FILE A VALIDATION NOTICE?


Validation of a debt is very simple and the response is also very simple. The statute requires the collector to give the debtor the name and address of the original creditor. Some courts have also required the collector to give a simple accounting of the debt, i.e. the principal, interest, and other added fees such as attorney's fees. Again, I have seen a lot of "on-line" verification/validation form letters asking for information and documentation the FDCPA doesn't require the collection attorney to give you. Such far reaching requests immediately tell the collection attorney you really have no idea what you are doing. The form letters also make threats which simply irritate the collection attorney. And perhaps simply enough, they are wrong. 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. See this sample validation letter: 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. STEP TWO The second step is to file a SWORN DENIAL. This step is vital, especially if you don't owe all the money for which you are being sued. Don't lie to the court; if you owe the amount in question, you cannot deny the debt. However, seldom does the collection attorney sue for a correct amount. I'll explain why in another article, but for now take it on faith that seldom can the collection lawyer justify in an accounting the complete debt sued for. The sworn denial is a simple statement filed with the court once you are sued.

This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court, and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount". The sworn denial is a powerful tool! It eliminates the Sworn Affidavit of Account that the collection attorney has. The vast majority of collection suits proceed without a witness for the creditor. The collection attorney enters an affidavit, signed by the creditor, that the debtor owes the debt and that this is the amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney cannot rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again. STEP THREE The third step is to file DISCOVERY. This is more difficult than simply filing the sworn denial. You need to file a written Request for Production of Documents asking for a copy of the contract or agreement upon which the debt is based. If the debt is a credit card debt, it is likely that the debt collection attorney will not be able to secure a copy of the original agreement, or if he is, he will not be able to do so timely. Most credit card signature agreements are scanned, or if older, microfilmed and stored away in electronic archives. If it is an old debt which has been sold to a debt purchaser, the likelihood of retrieving the original signed agreement decreases dramatically. If you are being sued in a small claims type court where discovery is not permissible, ask for the agreement at trial. STEP FOUR The fourth step is TRIAL. SHOW UP! I can't stress that enough. As I've said repeatedly, the vast majority of debt collection suits proceed to default judgment because no one shows up to dispute them. Show up and ask for a trial. And remember, the worst thing that can happen is the same thing that would have happened if you hadn't appeared at all; a judgment. You can't make it worse. If the attorney doesn't have his live witness available, oppose the case being continued. Tell the judge you've taken off work to be there and are ready to go forward. If the judge does continue the case to a new trial date, show up again. You will need to educate yourself. You won't be able to equip yourself to spar with an attorney, but knowing a little is better than knowing nothing. You will need to read the Rules of Procedure that govern the court and the Rules of Evidence for that jurisdiction. Look them up online. The Rules of Civil Procedure will govern how the trial is conducted. The Rules of Evidence will govern what the Judge is allowed to see and hear. If you do have a trial and the creditor produces a live witness, attack the

witness first and the debt second. The witness can only testify from personal knowledge. Generally, the witness has no personal knowledge about you or your account, but only knows what's in the file he got from the collection department. If he is going to testify without personal knowledge, but from the records and documents of the business, then he has to have a basis to do so. He needs to be the regular keeper of those books and records and be familiar with how they are kept and their contents. Don't simply accept his answer when the debt collection lawyer asks him if he is the regular keeper of those books and records and is familiar with how they are kept and their contents and he says yes. Ask him how long he has been with the company, in that job, what he does on a daily basis, when he first saw your file, if he knows from personal knowledge if it's a complete file, etc. You must destroy his credibility and ability to testify about the papers he has in front of him. If you can do that, then the debt collection attorney has no case. If the witness is actually a good witness and you can't prevent him from testifying about your file, then you need to know your defenses to the debt.

The best defense is the Statute of Limitations. The Statute of Limitations is the time limit that an aggrieved party has in which to file a lawsuit. It is a drop dead deadline. Find out what your state's is and whether the creditor is beyond that date. If it is, ask the court to dismiss the suit.
LAST STEP. Okay, I promised that this would be a four step process but we also assumed you would win at trial, or, better yet, get the case dismissed. Should you lose at trial there is one Last Step. The last step, should you lose at trial, is to APPEAL. Appeals can take a long time to work through the system; from months to years. That time is valuable and no collection action such as garnishments can occur during the pendency of the appeal (unless you live a jurisdiction that requires that you post an appeal bond to stop collection during an appeal). At each step in the process, you increase your chances that the debt collection attorney will give in and simply put your file away. But remember, always be polite, never cuss and don't hang up on him. You simply don't want to make your case personal. DISCLAIMER: This article comes with a giant, very real DISCLAIMER. This article does not and is not meant to give legal advice. I am not YOUR attorney and we have no attorney client relationship. If you use any of the information imparted by this article, you do so at your own risk and I strongly urge you to consult your own attorney Free Sample Letter Correct Inaccurate information in your Personal Credit Profiles

Today's Date Your Full Name Current Address Current Phone Number Attention: {insert credit reporting agency name} See addresses below {add CRA address here} Dear {credit reporting agency} This letter is a formal request to correct inaccurate information contained in my credit file. The item(s) listed below is/are completely (insert appropriate word(s) {inaccurate, incorrect, incomplete, erroneous, misleading, outdated} ). I have enclosed a copy of the credit report your organization provided to me on {insert date of report here} and circled in red the item(s) in question. Line Item: {insert name of creditor, account number or line item number) Item Description: (this info is found on your credit report) Requested Correction: (describe exactly what you want. If you want an item deleted say so and explain why. If you want an item corrected or updated, provide the correct information such as names, dates, amounts and so forth and any evidence to support your claim). In accordance with the federal Fair Credit Reporting Act (FCRA), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately {delete, update, correct} the item. Furthermore, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your reinvestigation as required by the Fair Credit Reporting Act. I thank you for your consideration and cooperation. If you have any questions concerning this matter I can be reached at (insert daytime phone number including area code). Sincerely, Signature Your Printed Name Follow Up Letter

Debt Collection Dispute Letter - Same Collector Today's Date Your Name Your Address Collector's Name Collector's Address Dear Collector, I am writing in response to your {letter or phone call} dated {insert date of letter or phone call}, copy enclosed. On {insert date of initial dispute letter} I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. I must remind you that in my previous letter I requested the following information: (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) Provide a verification or copy of any judgment (if applicable); (4) Proof that you are licensed to collect debts in (insert name of your state)

I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so. Furthermore, I asked that you immediately send a copy of that dispute letter to the company (creditor) that you say I owe money so they are also aware of my dispute with this debt. As of today, you have failed to respond to my requests! For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on {insert date from mail receipt}. Since you have failed to respond I assume that you have been unable to validate the debt

and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA and the FCRA. I must remind you that any attempt to collect this debt without validating it, violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. Sincerely, Signature Your Printed Name FREE Sample Letter Expired Statute of Limitations Notification Letter Today's Date Your Name Your Address Collector's Name Collector's Address RE: [insert account number or name of account or name of debt]: Dear [insert collector's name or company name], This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date]. I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to

my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident. Sincerely, Signature Your Printed Name

Your federal rights


Don't believe you truly owe a debt? You have the right to force the debt collector to either prove you do owe it or stop bothering you. One way to do this is to request a validation of debt from the agency by using whats called a debt verification letter. Debt verification, or validation, is a federal right that has been granted to you under the Fair Debt Collection Practices Act (FDCPA).

The debt verification letter


In this debt verification letter, you ask (more accurately, demand) that the collection agency prove the debt is really yours. You can request from them all the details of the debt, then if the collection agency can't or wont respond to you with verification of the debt, it must: Immediately stop trying to collect the debt. (This includes phone calls and letters.) Refrain from reporting the debt to credit bureaus. (This would be a violation of the Fair Credit Reporting Act and would allow you to sue for damages.)

Be sure to send your letter by certified mail, which will provide proof that it was delivered and received.

Threatening court action


The collection agency might respond to your validation request by issuing a summons for you to appear in court. However, legal precedent says that a collection agency cannot sue you if it hasnt validated the debt. If the debt collection agency does not respond at all, contact the credit bureaus involved and tell them that the agency did not verify the debt under the FDCPA. It is a must to contact the credit bureaus before you consider filing a lawsuit against the collection agency. If you can prove the debt collector has violated your rights under the FDCPA, you can sue in federal or state court for up to $1,000, including damages.

Sample debt verification letter


[Date]

[Your Name] [Your address] [Debt Collector's Name] [Debt Collector's Address] To Whom It May Concern: This letter is in response to [number of] entries made by your company to my credit report. I am disputing its validity. According to the Fair Debt Collection Practices Act, I demand an immediate validation of this debt. I further demand that your agency provide me with the following information: Explanation of why you believe I owe this money. Details of how you calculated the amount of the alleged debt. Proof that I agreed to pay what you say I owe. The identity of the original creditor from whom you say I made the purchase. Proof that the statute of limitations has not expired. Proof that you are licensed to collect this alleged debt in my state. Your Debt Collection Rights License number. Proof that you are authorized to collect this alleged debt on behalf of the original creditor. Complete transaction and payment history from the original creditor. The original amount of this alleged debt when it was assigned to your agency. Fees and interest charges that you have added to the original amount of the alleged debt. How you determined these added fees. A copy of my original signed loan or credit card application with the original creditor.

If your company has made false or misleading entries to my credit report, I will view it as fraud or harassment because it violates my rights under the following: Fair Credit Reporting Act Fair Debt Collection Practices Act Defamation of Character

After such time as you send me the requested verification, I will need at least 30 days to review it fully. I demand that all your collection efforts cease during this period. All communication with me must be conveyed in writing and delivered by certified mail. If your office does not comply with my requests within 30 days of your receipt of this letter, I will demand that all references to this alleged debt be deleted from my credit report and that proof of those deletions be sent to me immediately. Sincerely, [Your Signature] [Your Printed Name]

Changes to make in the letter


Of course you may want to add to or delete from this letter template anything you feel you should. If you have received correspondence from the collection agency, refer to it by date received and/or enclose a copy. If you have corresponded with anyone else relevant to your dispute, enclose copies of those letters as well. If you have an account number with the collection agency, refer to it at the top of your letter.

Attempt to Validate Debt - Sample Letter 9


The following is a sample letter requesting a collection agency to validate that you owe the debt. You can also try this letter. Confused about how to use this form or have questions about the debt validation technique? We are here to help! Call us to speak to a credit counselor today!

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. Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am sending this letter to you in response to a notice I received from you on (date of

letter). Be advised, 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 office 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; and Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureaus (Equifax, Experian or TransUnion), said 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, 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. This includes 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 or correspondence sent to 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. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, Your Signature Attempt to Validate Debt. Under the Federal Debt Collection Practices Act, I am allowed to challenge the validity of a debt that a collection agency states I owe to them. 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 These questions should be answered also Who is the current owner of this alleged debt? Who is the original creditor for this alleged debt? If [NCO/AIS] is the current owner, when was it purchased? Who was it purchased from? Have you assigned the alleged debt to another entity for collection? If so, who? If [NCO/AIS] has sold or otherwise transferred this alleged debt, to whom was it sold and when. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (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

Statute of Limitations on Debt: Debt Settlement may not be necessary


by Lisa Phillips

How to Calculate the Statute of Limitations To calculate the statute of limitations start with the date you made your last payment (no other payments have been made on that account since then). For example:
You made a payment on an account in June 10, 2004 and no further payments have been made. July 2004 becomes your first date of delinquency (DOFD). Let's say you live in California where the statute of limitations is 4 years on "open-ended accounts." Now add 4 years to the July 10, 2004. The statute of limitations runs July 10, 2008. The creditor nor the collection agency can sue you for this debt.

What if you have moved to another State If you incurred a debt in one state but moved to another state, the statute of limitations may not be the same for each state. In this case, the creditor or collection agency can choose to use the state with the longer statute. Re-Starting the Statute of Limitations Date The statute of limitations can be restarted, even if has expired, in some states simply by making a payment on the old debt, acknowledging you owe the debt or making a written promise to pay the debt. Your strongest weapon against a debt collector is an expired statute of limitations. They are hoping you are not aware of this when they contact you about an expired debt. Do not get on the

telephone with a collection agency, deal in written communication only. Always send the letter via certified mail, return receipt. Be sure to state in the letter "this is not an acknowledgment of the debt and the statute of limitations has expired!" Credit Reporting Agencies and Negative Marks According to the FCRA negative marks can remain in your credit files for 7 years, after which time the negative mark and the related collection must be deleted. The length of time starts from the time you were late or the late payment went into collection. It does not start from the last time you made a payment on the account. Some collection agencies will fraudulently update their reporting status in order to keep the account active thereby extending the time the account appears on your report. If this occurs dispute it with the credit reporting agencies and they have to honor the original 7 year reporting date. State Statutes vs. Credit Reporting Agencies Once the 7-year mark has been reached negative entries will drop off your credit report. This is not the same thing as your state's statute of limitations on debt. Even though a debt may no longer legally appear on your credit reports after 7 years, you could still be sued for the debt if the statute of limitations for your debt in your state has not expired. You may want to pay an old debt even if the statute of limitations has expired if it is still on your credit report. In this instance, use the expired statute of limitations to negotiate the debt and get a deletion. Be careful when Contacting Old Creditors Some states have a provision that extends the statute of limitations if you make a payment on an old debt or acknowledge that you owe the debt. A good faith effort to pay or settle an old debt may turn into a huge negative mark on your credit report which could potentially be reported for another seven years. Always negotiate deletions when paying old debts and get everything in writing. Dealing with Collection Agencies

Collection agencies can be unscrupulous in collecting a debt. If you decide to pay a collection agency, always negotiate a deletion and never pay what they are asking. Negotiate a reasonable settlement without ever acknowledging you owe the debt. See Debt Settlement for more information. If you are dealing with the original creditor you can still negotiate a favorable settlement but you may not be able to negotiate a full deletion. Request the original creditor report the debt as paid as agreed. If the credit report says settled its often worse than the original negative mark and will not improve your credit scores. What's My State's Statute of Limitations on Debt? Each State has it's own Statute of Limitations on Debt. Certain debts do not have a Statute of Limitations such as Student Loans, Income Taxes and Child Support. Keep in mind State Statutes can and do change so it is imperative to look at your State's Statutes to ensure the accuracy of the Statute of Limitations. Statute of Limitations Listed by State Your States Statute of Limitations governs the amount of time a creditor or collection agency can sue you for a debt. After the statute of limitations expired, the original creditor or the collection agency cannot bring a lawsuit against you for the debt. This does not mean a creditor or debt collector cannot attempt to collect the debt. It just means you cannot be taken to court or sued after the statute of limitations has expired.

Do not get the Statute of Limitations (SOL) confused with FRCA reporting rules and how long negative information will stay on your credit reports. Even though you cannot be sued for debt after the SOL has expired, the debt can still be on your credit report. Under FCRA Rules, credit reporting agencies may report a negative debt up to seven years and bankruptcies, judgments and tax liens up to ten years.

OHYPERLINK "My_State_Statute_of_Limitations_on_Debt.html"ral Agreement:

An oral agreement or contract, sometimes referred to as a "handshake a contract is a legally enforceable promise or set of promises, the oral agreement is a lot harder to prove in court. Money loaned between friends is often done without a written contract. Written Contract: A written contract is an agreement to pay a loan according to the terms written in a printed document. The written contract is signed by the lender and borrower or borrowers and is legally enforceable in court. Written contracts are much easier to prove. Promissory Note: A promissory note is a written contract that explicitly states scheduled payments, interest rate and consequences of defaulting. It is a specific promise to pay and spelled out in the promissory note. An example of a promissory note is a mortgage loan. Open-Ended Account: An open-ended account is a revolving line of credit with varying balances. Credit cards are an example of open-ended accounts.