Sample Debt Dispute/Debt Validation Letter
If you receive a phone call or letter from a collector and you are not sure whether you really owe the debt or the amount they say you owe is correct, you have the right to send the collector a debt dispute/debt validation letter and ask that they validate the debt. Below is an example you can use.
What must the creditor/collection agency provide in response to a Debt Validation Request?The creditor/collection agency is not required to produce all of the documents requested by the below sample letter, but it doesn't hurt to ask for them anyway. They are only required to provide verification that you owe the debt and the amount of the debt. Additionally, there are strict time rules that apply. A consumer can dispute all or any part of a debt at any time, but only a written request sent within thirty days of receipt of the first written notice of the debt triggers validation rights under the FDCPA.
NOTICE OF DISPUTE OF DEBT and REQUEST FOR DEBT VALIDATIONYour office has been calling me about a debt you claim I owe but which I have no knowledge of. The purpose of this letter is to dispute this debt, which I do not believe I owe. I am also requesting that you validate this debt you claim I owe by providing the documentation and information requested below. This is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Section 809(b) that your claim is disputed and validation is requested. Pursuant to Section 809(b) of the Fair Debt Collection Practices Act: "If the consumer notifies the debt collector in writing within the 30-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." Accordingly, please provide me with the following: 1. A detailed accounting of what the money you say I owe is for; 2. A detailed explanation of how you calculated the amount you say I owe; 3. Copies of any documents that show I agreed to pay what you say I owe; 4. Identify the original creditor and provide their current contact information; 5. Proof that the Statute of Limitations has not expired on this account; 6. Documentation showing that you have the legal right to collect this debt; 7. Documentation showing that you are licensed to collect in my state; and 8. Provide me with the contact information for your Registered Agent for Service of Process. I know and understand my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. I know that since I disputed this debt in writing within 30 days of the date of your bill, that you must verify the debt and mail the requested verification to me at your expense. I also know tat you cannot add interest or late fees except as allowed by the original contract or state law. I understand that you are not required to respond to this request, however, if you continue to try and collect this debt without fist validating it, you will be violating the Fair Debt Collection Practices Act. Be advised that I am carefully documenting all of our communications and I will not hesitate to report any violations of the Fair Debt Collection Practices Act and/or the Fair Credit Reporting Act to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. I have disputed this debt; therefore, until validated, you know your information concerning this debt is inaccurate. Therefore, if you have already reported this debt to any credit-reporting agency, such as Experian, Equifax or TransUnion, then you must immediately inform them of my dispute with this debt. If your office reports any information on my credit report that you know to be inaccurate, you may be held liable for fraud under both federal and state law, in addition to defamation of character, violation of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. If any negative mark is found on my credit report by your company or the company you represent, legal action will follow.