We all rack up indebtedness throughout our daily lives and may not keep track of all of the debt. Sometimes we receive a surprise from a collection agency requesting that the debt be repaid by a specific date. This is where a letter for debt validation may be used.
What is a Letter Requesting Debt Validation?
A consumer usually sends the letter for debt validation requesting verification of indebtedness and requesting documents supporting the indebtedness. If you are unsure how the indebtedness was acquired, you have the right to know as defined in the Fair Debt Collection Practices Act. If you are planning to send a letter for debt validation, you must send it within thirty days of being in receipt of this notice to collect the indebtedness in question. The law covering this right is 15 U.S. Code § 1692g(b)
How to Write a Letter Requesting Debt Validation?
Writing a letter requesting debt validation is fairly straightforward. Essentially you are asking the creditor to tell you why they feel you are responsible for the indebtedness, provide their information, and any facts supporting their claim that this is your debt.
Access the letter template and download it to your computer using the appropriate software indicated on the page.
- Fill in the headings with the required details.
- Document the date this letter is being sent.
- Address the letter to a specific person whenever possible, otherwise use the full name of the company and department.
- Indicate the reason this letter is being sent – a) responding to a notice sent on the date (xxx) b) Responding to a listing on your Credit Report
- Always sign the letter and print your name underneath.
- Include a Cease & Desist request on the following page, date, and sign it.
- Include a 3rd page indicating the requested information from the creditor
What to Include in a Letter Requesting Debt Validation?
The following details should be included in and with the letter requesting debt validation;
- Letter to Request Debt Validation
- Debtor’s legal address and name
- Creditors legal name and address
- The reason the letter is being sent
- The reason the debt is in dispute
- Cease & Desist Request
- Requested Information
- Legal name and address of the Alleged creditor
- Name of person on the file of the alleged debtor
- Alleged account number
- The legal address of the alleged debtor
- Alleged debt amount
- Date the alleged debt became payable
- Date of the original debt
- Did the creditor assign the deb to a debt collector or was it purchased
- If the debt was purchased, how much was paid
- What is the commission for the debt collector?
- Copies of agreement between the creditor and debt collector
- Copies of all statements
- Have insurance claims been filed for this account
- Are there any judgments regarding this account
- Name of bonding agents
Tips and Things to Avoid
- Use the legal names and address on the letter
- Always keep a copy of all of your correspondence
- Follow the timelines as outlined in the law
- Request confirmation of receipt of the letter
- A debt collector must desist from collection attempts during the 30-day process, once the debt has been disputed by the alleged debtor. A cease & desist addendum can be included if the consumer is concerned that the debt collector is not aware of the laws in this area.
- Consumers disputing debts should review 15 U.S. Code § 1692g(b) and take the time to understand their rights and the process for disputing a debt, before writing the letter requesting debt validation.
Format – Letter to Request Debt Validation
Your Name, address, and Phone number
Name of the person the letter is addressed to, company, address, phone number
Body – Paragraph 1 – Introduction and Request for Validation
Body – Paragraph 2 – How debt should be handled if no debt is registered to you
Body – Paragraph 3 – Cease
More Details – Letter to Request Debt Validation
Note that you are not required to defend yourself at this stage. The purpose of the letter is to request the creditor to send the creditor’s name and address and why they feel you are responsible for this debt.
The letter requesting debt validation must be signed and then served legally to the creditor. The letter should be sent via the US Postal Service requesting a return receipt. The creditor must sign the postal receipt which is returned to the consumer.
The creditor has thirty days to investigate and send the results of the investigation to the debtor. If the thirty-day time limit is not met, collecting the indebtedness is considered not valid under law 15 UU.S. § 1692g(b).
Format – Cease & Desist Addendum
Cease and Desist Addendum
More Details – Debt Validation Addendum
You have the right to request that the collection agency not call or contact you by any means. This right is covered under law 805(c). by sending this addendum, you are informing the creditor that you, the consumer, are aware of the debt but do not want to be contacted, otherwise, the creditor may face legal action.
Sample Letter Requesting Debt Validation
From: (Your Name)
To: (Creditors Name)
Date: (Date letter is sent)
Dear (Name)( if you know the person) (if you do not know the person)
I, ( Your Name), have received data about indebtedness that is assigned against me. As per my rights, outlined in 15 U.S. Code § 1692g, I have the right to confirm the total indebtedness including fees, and identification of the party who is making this debt claim. After I receive information supporting this claim, the information will be reviewed and I will reply within the thirty-day period provided under federal and state law.
If there is no documentation of this indebtedness assigned to my name, I require that all financial institutions and credit bureaus are made aware of this fact. Otherwise, a complaint will be submitted to the responsible federal or local agency.
In addition, I am requesting that your company ceases and desists any further telephone communication, through my mobile, employment, or residential phones. I am cognizant of the demand for reimbursement by your firm. Any additional telephone communication will be treated as harassment and in contravention of 15 U.S. Code § 1692d and will be subject to Federal and State penalties.
I acknowledge your attempts in resolving this legal issue and a response from your firm
(Print your name)
Sample Cease & Desist Addendum
CEASE & DESIST ADDENDUM
I, (Your Name), am aware of my rights as a consumer under the Fair Debt Collection Practices Act, specifically § 805(c), and demand that you cease and desist any contact with me about this debt collection. This addendum in no way admits or considers myself responsible for this debt. In addition, this addendum also requests for you to cease and desist the use, or potential use, of any third (3rd) party to contact me about this collection.
IF THERE IS ANY VIOLATION OF THIS CEASE AND DESIST A COMPLAINT SHALL BE MADE TO THE FEDERAL TRADE COMMISSION.
(Print your name)
Sample Creditor/Debt Collector Declaration
(Address and name of alleged creditor)
(Name on the file of the alleged debtor)
(Alleged Account Number)
(Legal address for the alleged debtor)
(Value of alleged debt)
(Date alleged debt was considered payable)
(Date of first charge)
(Was the debt purchased or assigned to a collection agency)
(Amount Paid by collection agency to purchase the debt)
(Commission allocated for debt collection agency)
Please provide copies of all of the following:
· Agreement with your client granting (_) (Collection Agency Name) the right to collect the alleged debt.
· Signed agreement Debtor has made with Collection Agency, or another verifiable proof Debtor has a contract obligation to pay Collection Agency.
· Any agreement carrying the signature of the Debtor, wherein they provide agreement to pay the Creditor.
· All statements during the time this account remained open.
Have insurance claims been made by any creditor regarding this alleged debt on this account?
Have any judgments been approved by any creditor regarding this alleged account?
Please provide the address and name of the bonding agent for (_______) (Name of Collection Agency), in case legal action is necessary: (_).
Authorized Signature of Creditor:( _____________ )
Date: (_ )
You must return the completed forms with copies of all the requested assignments, information, or other agreements of transfer, which establishes your right to collect the alleged debt within 30 days from the date of you received this letter.
Your claim WILL NOT and cannot be considered if any part of this form is not returned completed with copies of all the required documents. This is a request for debt validation made following the Fair Debt Collection Practices Act.
Please allow thirty days to process this information after this information is received.