attorney sent letter for credit card debt. how do i dispute validity

by Dino Davis 9 min read

Send a DV request in response to their last letter. Include in very specific terms that this letter was the first contact you have received from them. State simply that you dispute the account and request validation of the debt and their right to collect it.

Full Answer

Can you send a dispute letter to a debt collector?

Sep 02, 2020 · Within 30 days, you can send written notice to the debt collector that you’re disputing the validity of the debt. Based on your dispute letter, the debt collector is required to cease trying to collect payment on the debt until they obtain verification of the debt or a copy of a judgment and mail it to you.

How do I dispute a debt in my name?

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

How to dispute the validity of a debt?

Nov 09, 2021 · Federal law says that after receiving written notice of a debt, consumers have a 30-day window to respond with a debt dispute letter. The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until …

What is a debt validation letter and how to write one?

Nov 12, 2021 · Once you have gone through the process of sending a general dispute letter or a 609 and a 611 dispute letter, you contact the data furnisher directly. In this letter, you ask the data furnisher to prove that the debt belongs to you. This is known as debt validation and generally only applies to disputes about third-party debt collection accounts.

How do you dispute the validity of a debt letter?

If you believe you do not owe the debt or that it's not even your debt, send a written request to the debt collector and ”dispute” the debt. You can also send a written request to the debt collector to receive more information about the debt.Feb 2, 2017

How long does a creditor have to validate debt?

within 30 daysA statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail. A statement that if you request information about the original creditor within 30 days, the collector must provide it.

What happens if a collection agency does not respond to a validation letter?

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must respond to a request for a debt validation letter. If they don't, they're in violation of the act. You can report them to your state's attorney general, the FTC or the Consumer Financial Protection Bureau (CFPB).Jan 3, 2022

How can a debt collector overshadow the validation period?

overshadowing claims by adding language to the VOD explaining that the debt collector will suspend collection efforts if the consumer exercises his verification rights: The law does not require us to wait until the end of the thirty-day period before suing you to collect this debt.

What happens if a collection agency refuses to validate debt?

If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.

How long do debt collectors have to respond to a debt validation letter?

The consumer has 30 days to send the debt verification letter. If you don't attend to it within a month, the debt may, again, be presumed to be valid and collection efforts may continue. Then the debt collector has five days to respond in writing.Dec 3, 2021

What is a 609 dispute letter?

A 609 letter is a credit repair method that requests credit bureaus to remove erroneous negative entries from your credit report. It's named after section 609 of the Fair Credit Reporting Act (FCRA), a federal law that protects consumers from unfair credit and collection practices.Dec 17, 2021

Should I send a debt validation letter?

A Debt Validation Letter is beneficial in nearly all encounters with a collector. If you don't owe the debt, then the collector is likely to fold because they can't provide validation of the debt. If you only owe some of the debt, then the collector will be forced to prove the amount you actually owe.Sep 8, 2021

What happens when you get a letter from debt collector?

Under federal law, a debt collector in most cases must stop contacting you when you request so in writing. After it receives your written request, a debt collector can contact you to verify that it won't contact you anymore or that it's filing a lawsuit against you.Apr 24, 2020

How do you request debt validation?

To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.

What is the difference between debt validation and debt verification?

What Is a Debt Verification Letter? While a debt validation letter provides information about the debt the collection agency claims you owe, a verification letter must prove it. In other words, if the collection agency doesn't have enough evidence to prove you owe it, their hands may be tied.May 18, 2021

What constitutes a valid debt?

What debt collectors believe constitutes debt validation. ... “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.”May 20, 2021

When Can You Dispute A Collection?

  • Under theFair Debts Collection Practices Act(FDCPA), you have valuable rights that allow you to dispute a debt. Here are the reasons to file a dispute: 1. If you don’t remember owing money from anybody 2. If you believe that the amount being collected is incorrect 3. If you want to confirm that you haven’t paid the debt yet 4. If you believe that the debt is past the statute of limitations, whic…
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Ways to Dispute Collections

  • 1. Check If The Debt Is Yours
    Collection agencies have one main goal and that’s to collect unpaid debt. But before you make any payment, you need to make sure that the debt is yours. Check the Debt Validation Notice. Under theFDCPA, debt collectors need to send you a debt validation notice about the money tha…
  • 2. Send a Dispute Letter to the Debt Collector
    You can call the creditor or debt collector and dispute the debt. However, they will continue their collection efforts and take negative actions against you. You have to send a dispute letter to verify the debt and to stop them from collecting payments or suing you for a debt you don’t owe. You c…
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What Happens After You Dispute A Collection?

  • After you filed a dispute, the creditor or the credit bureau (whichever you filed the dispute with) shall run their investigation. Under the FCRA, they’re required to respond to your dispute within 30 to 45 days. Then, they should let you know the results of their investigation within 5 days after t...
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Can You Dispute A Collection After paying?

  • Yes. If you’ve already settled the debt, it shouldn’t reflect on your credit report as a collection account. You can send a dispute to the credit reporting agencies, as discussed above, to correct or remove the collection account from your credit report. It’s important to note, however, that if the collection is legitimate, it might not be removed from your credit reports until it’s past the statut…
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What to Do If The Debt Collector Verifies The Debt?

  • You need to decide what you have to do next once the debt collector validates the debt sufficiently.
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FAQs on Disputing Collections

  • 1. How Long Do Collection Accounts Stay On Your Report? A collection account stays on your credit reports for seven years. 2. How Do Collection Reports Impact Your Credit Score? A collection added on your credit reports can slash up to 110 points off your credit score. Your credit rating will be reduced to fair or poor. 3. Will Your Credit Score Increase If a Collection Acc…
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Conclusion

  • Dealing with the consequences of unpaid debt can be a worrisome, frustrating, and stressful experience. The situation becomes worse when the debt in question is incorrect or not yours at all. Fortunately, there are laws in place to protect your rights against malicious debt collectors. Under the FDCPA, you must receive a written notice about the debt. You also have the right to di…
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