how to ask lawyer to verify debt template letter

by Arvel Rice 9 min read

Send this letter through certified mail with return receipt requested to ask the debt collector to validate the debt amount. You should keep a copy of this debt validation letter template for your records. This letter can be sent to any debt collection agency as well as the attorney who collects two or more debts per year.

Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.

Full Answer

What does a debt payer ask for in a letter?

Apr 20, 2022 · How to Send a Debt Validation Letter. Step 1 – Write the Debt Validation Letter. The suspected debtor is not required to defend themselves. The letter’s sole purpose is to ask that the ... Step 2 – Add a Cease and Desist Addendum (optional) Step 3 – Sign the Documents. Step 4 – Send and Wait 30 ...

When should you use a debt verification letter?

May 10, 2010 · This is often due to a lack of comfort in communicating via the written word or just a lack of knowing where to start. To make the process of debt verification easier, the following debt verification letter sample is provided below as a general outline for free use: Name of Collection Agency / Creditor. Address. City, State, Zip Code

How do I write a letter requesting a debt validation?

Aug 16, 2021 · A debt verification letter is a letter you send the debt collector asking them to validate a debt. The verification letter also gives you a chance to ask for information that can help you establish legal defenses to collection efforts. One of the most prominent defenses will involve the statute of limitations. The ability to ask for a debt ...

How do you write a sample letter to a debt collector?

In your debt validation letter, you should include when and how they initially contacted you. For example, if it was over the phone, reference the date and time. If you received a letter in the mail, you can include the date it was postmarked. Next, simply state your request that the debt collector validates the debt.

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How do I write a letter requesting proof of debt?

I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.

How do I request a validation of debt?

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.

How do I ask a creditor to prove a debt?

When writing the letter, request that the collection agency or creditor provide you with:
  1. Documentation that you owed the debt at some point, such as a contract you signed.
  2. How much you owe and the last outstanding action on the debt, which can be shown by documents such as the last statement or bill.
Feb 21, 2020

Can you email a debt verification letter?

The 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).
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Debt Validation vs. Debt Verification: What's the Difference?
Debt Validation LetterDebt Verification Letter
Who sends it?Debt collectorYou
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Jan 3, 2022

Should you send a debt validation letter?

Within five days of first contacting you, debt collectors are required to send you a debt validation letter if they haven't already provided the information verbally. A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt.

How do I write a letter to dispute the validity of a debt?

Step 1: Write the Letter
  1. Don't contact me except to validate the debt.
  2. Report to the credit bureaus that the debt is disputed.
  3. Provide all of this information. Proof I owe the debt. The amount of the debt. ...
  4. If you validate the debt, cease contacting me for any reason other than to tell me you're suing me.
Sep 8, 2021

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. Written by Natasha Wiebusch, J.D..Dec 17, 2021

What is considered proof of debt?

This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you.

What happens if a debt collector Cannot validate a debt?

If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.Feb 2, 2022

What happens if a debt collector doesn't send proof of debt?

If the debt collector does not send you proof of the debt, any future collection efforts are in violation of the Fair Debt Collection Practices Act. Note that your account may be assigned or sold to a new debt collection agency.

How long does it take to get a debt validation?

The debt validation request is time sensitive. You must make your request in writing within 30 days of the debt collector's initial contact with you. If you wait more than 30 days , your validation request may not be covered under debt collection law.

How long does it take to get a debt collector to validate a debt?

The debt validation request is time sensitive. You must make your request in writing within 30 days ...

How to write a validation letter?

In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019.". You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment.

Who is Latoya Irby?

LaToya Irby is an expert on credit cards, credit scores and monitoring, budgeting, and banking products and services. She holds a degree in business from the University of Alabama. Somer G. Anderson is an Accounting and Finance Professor with a passion for increasing the financial literacy of American consumers.

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 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.

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 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.

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.

How to validate a letter?

Things to know about validation letter 1 Letters are generally initiated by collectors. 2 The debt payer can always request for debt verification and the correspondence copy will have to be maintained. 3 When you dispute the collector, it does not mean that debt will be eliminated from the credit report. It only means that you will receive further information about the transaction. 4 Some agencies prefer calling the payer to share further information and complete the debt verification process. This can also seem like an add-on to the written statement provided by the collector. 5 According to FDCPA, there are limitations to debt statutes based on the state. Certain debts cannot be collected after specific years. So, if your debt is obtained several decades ago, you should take a look at the debt statute of your state.

What is offer of settlement?

Offer of settlement. As a debt payer, you have the right to provide an offer of settlement. Suppose you have savings in your account and wanted to quickly settle some money and bring down the debt validity, you can write to the collector requesting for the consideration.

What to do if a debt collector is not the original creditor?

If a debt collector, who is not the original creditor, contacts a consumer about an unpaid debt, the best option for the consumer is to send a debt validation letter to the debt collector. According to the Fair Debt Collection Practices Act (FDCPA), a consumer has the right to question the validity of the debt as well as the right ...

What is a debt validation letter?

Some people think sending a debt validation letter is a trick to avoid paying legitimate debts.

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The Right to Request Validation

How to Write A Debt Validation Letter

  • In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019." You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment. Send your letter via certified mail, so you have proof ...
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The Debt Collector's Response to Your Validation Request

  • If the debt collector does not send you proof of the debt, any future collection efforts are in violation of the Fair Debt Collection Practices Act. Note that your account may be assigned or sold to a new debt collection agency. In that case, your validation request from the previous collection agency does not apply.25 Otherwise, if the debt collector does send proof, determine whether o…
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