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I need to send a debt validation letter and was wondering if it should be detailed like this sample?

San Francisco, CA |

This letter is being sent to you in response to a notice sent to me on December 02, 2006). 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.

there's more to this letter and I do not have enough room to type, here is the link if you don't mind looking: http://www.creditinfocenter.com/forms/sampleletter9.shtml I'm hoping this letter will be fine to the collection agency. I'm passed the SOL and on disability. Since I'm passed the SOL I'm wondering if I need to mention it as in link with the sample letter or do I just need to have the notice validated? I need to send a certified letter to them ASAP. Thank you for you time. Please help!

Attorney Answers 3

Posted

I am so glad you asked this question. My answer is No, please don't send anything like this, it barely makes sense. Fake legalese like this is just so unnecessary.

Just write clearly in English.

Just say "I am requesting validation of the debt" and include any account numbers (there are often more than one account number, one from original and another from collector or debt buyer). Maybe send a photocopy of the notice sent to you.

Then send it certified mail, return receipt requested.

Unfortunately, you do not even have a right to insist on "competent evidence" or "copies of any papers". Also, why do you want them to go hunt up competent evidence? Not that your letter would make them do this.

The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Hill Country Consumer Law ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Ms. Kleinpeter nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims.

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Asker

Posted

Thank you for replying. I added additional info. Even though I'm passed the SOL, I guess I don't need to mention that. I just want to send the best letter to them and being disabled, it's difficult for me to know what I should put in the letter, makes me anxious and gives me anxiety.

Amy Elizabeth Clark Kleinpeter

Amy Elizabeth Clark Kleinpeter

Posted

That website you got the letter from is very anxiety provoking. Just send a simple request, like a sentence saying who you are (account number) and a request for validation. However, you may want to just write a letter saying you will not pay and to not contact you further. That might be more effective as far as stopping contacts. Why do you care what evidence they have? You seem to know about the debt and know it is past the statute of limitations in your state (although you may want to double-check that with a lawyer if you have not already).

Amy Elizabeth Clark Kleinpeter

Amy Elizabeth Clark Kleinpeter

Posted

Just realized who the website was from -- Lexington Law Group. As this is a public forum, I am a bit torn about what I can say but basically, my opinion would be to urge you to stay away from Lexington Law and anyone else advertising to fix credit.

Asker

Posted

Thank you so much for all the advised. It is much appreciated. I know I'm passed the SOL here in CA since it's been 5 years that it's been charged off. The collection agency's noticed has the original creditor on it and some of the acct number matches and the balance is ridiculously off. You are right about the letter from the website is very anxiety provoking, which brought me here. What would they do or happen if I wrote them a letter saying I will not pay and not to contact me further? And thank you very much to stay away from Lexington Law, when I was trying to find a sample letter for debt validation, it was one of the first sites that came up.

Posted

I agree with Attorney Amy. There is no special language needed, and usually less is best. As she says, use plain ordinary English, and one or two sentences is sufficient.

This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.

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Posted

I agree with my colleague. Write a simple letter, in plain English, asking for validation of the debt. Send it certified mail with return receipt requested.

My answer is for only informational purposes and is not legal advice. I am licensed to practice law in Oregon and I recommend contacting a local attorney for the best help with your legal questions.

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Dorothy G Bunce

Dorothy G Bunce

Posted

I find using the post office delivery confirmation system a lot less expensive. It does document that the post was delivered and confirmation is provided by email so you know right away.