Below is a sample debt validation/dispute letter. It is based upon the rights conferred by Federal Fair Debt Collection Practices Act (i.e. 15 U.S.C. 1692(g) § 809 (b)), however, it also refers to Pennsylvania’s Fair Credit Extension and Uniformity Act (i.e. 73 P.S. § 2270.1, et seq.) which extends those FDCPA requirements to the creditor as well as the debt collector.
If you reside in a state other than Pennsylvania, you may want to consult with a local attorney about any comparable state laws that might assist you. If you receive a debt collection communication (e.g., phone call, letter, knock at the door, etc.) and you are unfamiliar with the debt, the creditor, the debt collector, or any aspect of the debt, then dispute that debt and seek validation by sending the below letter.
Send this letter via certified mail
Keep a copy for your records
Keep a journal of any communications you receive after the receipt of this letter
Your Name Your Address Collection Agency Collection Agency Address
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
With the exception of the validation communication requested herein, cease and desist from all communications concerning this putative debt. Be advised, this is not a refusal to pay the alleged, rather it is a notice sent pursuant to the Federal Fair Debt Collection Practices Act (i.e. 15 U.S.C. 1692(g) § 809 (b)) and the Pennsylvania Fair Credit Extension and Uniformity Act (i.e. 73 P.S. § 2270.1, et seq.) that your debt may be disputed and validation is demanded. Please validate the alleged debt within 30 days by providing the following information:
· The nature of the debt (e.g., credit card, consumer loan, medical bill, etc.);
· A current balance owed on the debt;
· A complete payment history on this account;
· A complete itemization of all charges (e.g., principal, fees, interest);
· Copies of all documents reflecting an agreement to pay the alleged debt;
· Copies of all invoices, bills, and notices concerning this alleged debt;
· A copy of the first written communication attempting to collect this debt;
· A copy of any judgment obtained with respect to the alleged debt;
· Proof that the statute of limitations has not already expired;
· Evidence that you are authorized and licensed to receive payment of this debt;
· Copies of all reports or notices provided to any credit bureaus;
· Identification of the original creditor ;
· Identification of all successors in interest to the original creditor;
· If this debt has been purchased or assigned, a copy of all related agreements.
Be advised, any failure to provide the above requested information within that 30 day time frame is deemed a waiver of the right to pursue the above referenced debt and all references to this account must be deleted from your files as well as from the files of the current creditor, and from the files of all of the credit reporting agencies.
Additionally, the debtor(s) identified above hereby revoke in writing any and all authority previously extended to you or anyone on your behalf to debit, charge, withdraw or deduct any sums from any accounts held by the debtor. This revocation of authority includes but is not limited to any credit cards, debit cards, bank accounts, credit union accounts, EFT’s, check by phone, etc. Essentially, you no longer have authority or permission to access any accounts held by the debtor(s) or withdraw any sums from the debtor(s) accounts. Additionally, if you failed to timely provide the above requested validation information, the following privileges are hereby voided (if they ever existed): any contractual confessions of judgments, any contractual cross collateralization provisions, any contractual arbitration provisions
Finally, regardless of whether or not you properly validate this debt, all communications concerning this alleged debt shall forever cease.
Lawsuit / Dispute Attorney