debt validation letter to give attorney who wants to sue

by Sylvester Turcotte 4 min read

What is a debt validation letter?

The letter below is a sample debt validation letter. The Fair Debt Collection Practices Act (FDCPA) gives you the right to request debt validation and provides you many other protections against debt collectors. For best results, you will need to get familiar with the FDCPA and debt validation if you are not already. We’ll take you step-by-step through the process so that you …

When to send a debt verification letter to a debt collector?

Sep 20, 2019 · A debt validation letter in the truest sense comes from the debt collector. This is the written notice from the debt collector containing all the particulars of the alleged debt such as the amount, who the creditor is, etc.

Can a debt collector ask for proof of debt validation?

Aug 16, 2021 · The law requires a debt collector to send you a debt validation letter with information about the debt and an explanation of some of your rights concerning the debt. If they don’t provide you with this letter, you can sue them and/or report them to the FTC, CFPB, and your state’s attorney general’s office.

When does a debt validation letter extend the Statute of limitations?

Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating 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.

Who do I send a debt verification letter to?

the debt collectorThe debt verification letter is a letter you write and send to the debt collector, disputing the debt (if you truly don't owe it or owe as much as the collector says you do). You'll also send this letter via certified mail with a return receipt request so you have a record of your communication back to the collector.Jan 3, 2022

What should a debt validation letter say?

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

Should I send a debt validation letter?

It is important to send your debt validation letter via certified mail because: You'll have proof of delivery with a time stamp and the debt collector can never claim “gosh, we never received your debt validation request”. You'll get their attention because only “serious” documents are sent via certified mail.7 days ago

How do I get a debt validation letter?

If you don't receive a validation notice within 10 days of the first contact, request one from the debt collector the next time you're contacted. Ask for the debt collector's mailing address at this time as well, in case you decide to request a debt verification letter.

How do I write a letter of validation?

Stage 1: Initiating Request for Address Validation Letter Step 1: Visit the official website of the UIDAI. Step 2: Click 'Request for Address Validation Letter' under 'My Aadhaar 'tab. Step 3: Login with your Aadhaar Number or Virtual ID. Step 4: You are required to enter your Verifier's Aadhaar ID.Aug 27, 2021

What if I never received a debt validation letter?

Report the debt collector to the Federal Trade Commission if you don't receive a response within 30 days. This would be a violation of the Fair Debt Collection Practices Act. You can submit a complaint via the FTC website under the link for consumer complaint. Contact each credit reporting agency and dispute the debt.

What is a 609 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

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

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.Feb 2, 2022

What is proper debt validation?

According to the above FDCPA Section, Debt Validation is defined as the debt collector contacting the original creditor to affirm the debt amount being requested is correct. It is highly doubtful the debt collector ever contacts the original creditor for any debt validation purposes.Jan 28, 2022

What does a debt collector have to prove in court?

The creditor has to prove who the borrower is These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.Mar 18, 2019

How do I write a debt settlement letter to a collection agency?

Write a debt settlement letter to your creditor. Explain your current situation and how much you can pay. Also, provide them with a clear description of what you expect in return, such as removal of missed payments or the account shown as paid in full on your report.Nov 10, 2020

How do I write a letter to a debt collection agency?

Format the letter thusly: Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

How long does it take to get a debt validation letter?

As soon as you hear from the debt collector for the first time, you must submit your debt validation letter within 30 days.

How long does it take for a debt collector to respond to a request?

The debt collector has 30 days to respond to your request. If they don’t, they are not allowed to make any more collection attempts on the debt. If they do, they’re in violation of the FDCPA and you may report them to the FTC and your state attorney general’s office.

Why did the FDCPA pass?

The federal government passed FDCPA to protect consumers from harassment and unfair practices by collection agencies. Among other protections, it states that they cannot call at unreasonable hours and must stop contacting an individual if they inform them they do not wish to be contacted.

What does the credit bureau do?

The credit bureau keeps the information on file and various entities use the credit bureau’s reports to make judgments about an individual , such as a lender to determine whether or not an individual gets a loan and at what interest rate. Note: The FDCPA is a federal law regulating collections agencies.

How does a collection work?

First, there is the original creditor: the person or company who is owed money. This is the credit card company, the doctor’s office, or the landlord who is trying to collect the debt.

What is a debt verification letter?

In a perfect world, the term “debt verification letter” (rather than a debt validation letter) would be used to describe the written correspondence to a debt collector requesting proof a debt is legit.

What to do if you are contacted by a debt collector?

If you’re contacted by a debt collector about an old debt, even if you think you might owe some or all of the amount they’re claiming, it ’s your right to request documentation from the debt collector to prove you actually owe the money.

Validation Request vs. Debt Verification

Despite the similar-sounding names, these are two different types of letters. It’s easy to get them confused, so you need to make sure you’re using the terms properly to take full advantage of your legal rights.

Disputing Validity of the Debt

You don’t have to ask for a debt validation letter or send a debt verification letter. But it’s often a good idea to do so if you don’t:

Debt Collector Response to Verification Request

If the debt collector verifies your debt after you send them a debt verification letter, you should assume that they’ll continue to try to recover the debt from you. This could include filing a lawsuit against you or using collection efforts that don’t involve a courtroom. But what does it mean if they can’t (or won’t) verify the debt?

How long does it take to get a response letter from a debtor?

In order to obtain, the suspected debtor must mail a response letter within thirty (30) days of receiving the demand for payment.

How long does a creditor have to report a collection?

Under federal law ( 15 U.S. Code § 1692g (b) ), the creditor will have thirty (30) days to conduct their investigation and send their findings to the debtor. If the creditor does not get back to the suspected debtor within the thirty (30) day period the collection is no longer valid.

What does 805 C mean?

Under § 805 (c), an individual may inform a collection agency that they do not wish to be called or contacted by any means necessary. This informs the creditor that the consumer is aware of the debt that is owed but does not want to be contacted or else the creditor may face legal action.

Do suspected debtors have to defend themselves?

The suspected debtor is not required to defend themselves. The letter’s sole purpose is to ask that the creditor submit the creditor’s name and address in addition to why the individual is responsible for the debt.

What is debt invalidation?

Debt Invalidation is not a program, but instead a process that uses Federal and State consumer laws to make sure third-party debt collectors do not take advantage of you when collecting. Debt collectors often violate laws when attempting to collect, so our job is to protect your rights and to ensure you do not pay any debt that is not 100% valid. If your debts are not proven to be valid, you will legally not have to pay – regardless of whether or not you owe the money.

What is the Fair Credit Billing Act?

The Fair Credit Billing Act is an amendment to the Truth in Lending Act. It is part of the federal consumer protection law that protects you when billing errors occur.