The right to know how the debt was incurred is guaranteed to all consumers through the fair debt collection practices act. When debt buyers or collection agencies are assigned debt, it is generally done by way of an excel spreadsheet. In your validation letter, you can dispute the entire debt, part of the debt, or request the name of the original creditor. Under the fair debt collection practices act fdcpa, i have the right to request validation of the debt you say. Debt validation letter to the collector is a good idea. Nov 15, 2016 the term debt validation letter refers to a letter that an individual sends to their creditor or collection agency requesting proof that the debt in question is valid and not outside the statute of limitations for collecting the debt. You also need to provide a statement that youre requesting validation of the debt. Sample debt validation letter debt dispute letter legal. Please allow 30 days for processing after i receive this information. The collection agency or junk debt buyer can respond to a validation request years later, aside from a couple states that have specific laws for this. Debt validation request to original creditor fillin pdf form. Before you pay a dime to a debt collector, confirm that the debt belongs to you.
The letter will allow the debtor to state his reasons as to why he wants the validation as well as whether or not the debt collection will have to be ceased by the collector. The sample letter linked below only applies to collection agencies. The letter below is a sample debt validation letter. Debt collectors must send out your debt validation letter within five days of the first time they contact you. Sample debt validation letter a written request to validate the debt. Companies buy and sell debt all the time, so even though the debt collector might be calling under one creditors name, the original creditor might be the one you recognize. A legal letter is a letter generally written for legitimate purposes. Sample debt validation letter a written request to validate. If this form packet resource is not functioning properly, follow the link to the fillin pdf form. If they sue you, reach out to an attorney for assistance. After you send the letter, give the collection agency about 10 days to receive it and process it. Many of the legal protections from debt collectors granted to consumers. 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.
Interactive packet debt validation request to original creditor. The fair debt collection practices act fdcpa gives you the right to request validation and provides you many other protections against debt collectors. For them, its required by law to present to you with a debt validation. The statute of limitations for collecting a debt is specified in the federal fair debt collections practices. A debt letter is a legal letter, which means it deals with a legal financial issue. This letter is always written when the receiver of a loan fails to pay hisher loan on time on time despite the reminders sent to himher. Debt validation letters are designed for consumers protection.
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. These will most definitely be recorded in the respective offices, so you want to come across as reasonable, trustworthy, honest, and sane. A consumer can send a debt validation letter to a debt collector at any time, and the collector must respond. I respectfully request that your offices provide me with competent evidence that i have any legal obligation to pay you. Governmentcorporation employee questionnaire 27 sample iii. Perhaps your agency is unaware that according to washington state law rcw. Apr 08, 2020 to be legally valid, your request for proof must be made in writing.
This is not a request for verification or proof of my mailing address, but a request for validation. It came under my name and address but another patient name. Mar 11, 2020 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. If the consumer notifies the debt collector in writing within the. Send via certified mail, return receipt requested date. Free debt validation letter template samples word pdf. Sample debt validation letter debtor and creditor legal. This means that you should receive it a few days after that, unless if the debt collector has an incorrect address for you, it may take longer for the letter to get to you if it arrives at all. A verbal phone request for debt validation is not enough to protect your rights under the fdcpa. Make note of the information provided in the notice as well as the date the notice was sent.
Lawfully yours seventh edition anticorruption society. Debt validation letter why it could land you in hot water. Sending a debt validation letter on a valid debt also potentially arms the debt collector with the means to escalate their collection efforts against you. Below is a sample of the type of letter you will need to send to the creditor or the debt collector pursuing a debt. According to the fdcpa, a letter requesting validation must be sent within 30 days of a debt collectors initial communication. Here is a template of a debt validation letter to help you get started. Once the agency receives your letter, the law allows it to send you one more letter in case it wants to tell you that it is agreeing to stop collection efforts, or it plans on using legal remedies to collect the money you owe, such as filing a lawsuit against you or repossessing property used to secure the debt. The debt validation letter is sent by a consumer to verify a debt by providing evidence of the claim. I do not believe that i owe this debt or what you say i owe. Following is a sample debt validation letter that you can use to request the creditorcollection agency verify that the debt is actually yours and you are legally. Initial debt collection dispute letter pine tree legal. Inspired by the vision of the debt consolidation care team, of building a debt free community in the near future, he has volunteered gladly to. Pursuant to the fair debt collection practices act, section 809b, validating. Below is a link to an interactive packet to produce a pdf letter to the original creditor.
The author of this ebook, peter samuels is a debt samaritan from the debt consolidation care site. He is a financial consultant by profession and a visiting consultant for other financial sites. A debt validation letter is a type of debt letter that debtors can use to inform a financial institution about the need to verify and validate details of a debt. Collection agency name collection agency address collection agency city, state, zip re.
The letter cant be used for the original creditor for the debt that is originally owed. The letter must be sent within thirty 30 days of receiving notice of the attempt to collect. Collection agency address collection agency city, state, zip. I sent them a debt validation letter asking for the usual. Debt validation myths understanding debt validation. It also confirms that you agreed to pay the debt, and the amount owed is accurate. Debt collectors are legally required to send you a debt validation letter, which. Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how.
For the letter to be considered legally served on the creditor it must be sent by. Debt collection letter is a special letter that is drafted by a lender to request a legal claim owing to the breach of contract by a recipient of a loan. Normally, the collection agencys first letter gives you the following information, which is generally called a debt validation notice. Any debt collector that refuses to follow these steps can be reported to both state and federal officials for violating the law. This is not a request for verification or proof of my mailing address, but a request for validation made pursuant to 15 usc 1692g sec. Debt validation letters are valuable assets during the debt collection process.
Debt validation letter sample send to debt collectors. Debt validation letters and verification letters are two examples. It is based upon the rights conferred by federal fair debt collection practices act i. Do not admit to owing the debt or making any reference to payment. If you ask in writing before the deadline, a debt collector has certain legal. Sample debt validation letter for debt collectors the balance. Pursuant to the fair debt collection practices act, section 809b, validating debts. Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. In accordance with the fair debt collection practices act fdcpa, you can challenge the validity of a debt.
Mistakes are common and can often lead to you paying off debt you dont owe or that are past the legal statute of limitations. Debt validation letterthis interview allows consumers to create a debt validation letter which they can send to debt collectors demanding that they provide information required by the fair debt. Your rights are not protected if you make your debt validation. Be sure to send this letter within 30 days of receiving notice of the attempted collection. For best results, you will need to get familiar with the fdcpa and debt validation if you are not already. Edit our sample debt validation letter to fit your needs. Sample letter for debt validation 2020s updated template.
Mar 29, 20 below is a sample debt validationdispute letter. This allows debtors to ask a validation report from their debt providers and lenders to verify their debt. It can be of various types, as an application letter, a letter of approval, proposal letter, settlement letter, letters of objection, letters to employers, and other relevant letters in professional and personal matters. Once the debt collector receives your validation request. By law, the notice must include the name of the original creditor, the amount you owe, and how you can dispute the validity of the debt. The validation letter will also have a number of statements of your rights, including. As per the fair debt collection practices act, you can request for validation of the debt that the collection agency ca claims you owe to them. Debt validations are considered as one of the inclusions in the states fair debt collection practices act. This is not a request for verification or proof of my mailing address, but a request for validation made pursuant to the abovenamed title and section. Debt and debt collection kls kansas legal services.
This is a webpage that details the only information the fdcpa requires a third party debt collector to provide. A legitimate debt collector is not playing hokey pokey with the wording of your debt validation verification letter. This answer does not constitute legal advice and no attorneyclient relationship is formed through this answer. The debt collector must send a sample debt validation letter five days. You can use and send the following debt validation letter via certified mail to make the ca validate the alleged debt. A debt validation letter should provide enough proof that either the debt is yours or that, indeed, a mistake has been made. Vaccination notice 31 sample letter for school superintendent 32 vaccination notice of nonconsent for employers and colleges 33. A debt validation letter is simple to create and will help you confirm that amount of money you legitimately do owe. Then, send it usps certified mail to the collection agent who demands you pay the old debt. If you wait more than 30 days, your validation request may not be covered under debt collection law. Your claim cannot and will not be considered if any portion of this form is not completed and returned with copies of all requested documents.
You have 30 days from that date to dispute the validity of the debt. May 09, 2019 the validation letter will also have a number of statements of your rights, including. Our sample template includes a clear request for information, as well as a request. With debt validation, youre requesting that the debt collector proves they have the legal right to collect the money. I am writing in response to your letter or phone call dated.
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