MAKE YOUR FREE Debt Validation Letter
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What is a Debt Validation Letter?
A Debt Validation Letter is a formal written request to verify that you owe debt as well as how much you owe. The purpose of a Debt Validation Letter is, essentially, to ask for proof that the debt is legitimate.
Generally speaking, creditors and debt collectors are legally obligated to respond to this request, or the debt may be challenged. Regardless of what a debt collector may say by phone, sending a Debt Validation Letter can help to ensure that you do not pay a debt that you do not owe, fall victim to a debt collection scam, or revive an old debt that could potentially be past the statute of limitations.
If you are working on cleaning up your credit or preparing to file for bankruptcy, often the first step is to confirm your debts. Make your own Debt Verification Letter with Rocket Lawyer – it’s as easy as answering a few simple questions!
When to use a Debt Validation Letter:
- You have been asked by a debt collector or a collection agency to repay a debt.
- You are a consumer or debtor that would like to verify that a debt is yours.
Sample Debt Validation Letter
The terms in your document will update based on the information you provide
VIA PRIORITY MAIL
,
,
VERIFICATION OF DEBT REQUEST
Re: | Acct #: , Amount in Dispute: |
Dear ,
This letter is being sent to you pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (a) and (b) which state:
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing:
• The amount of the debt;
• The name of the creditor to whom the debt is owed;
• A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
• A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
• A statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
I am hereby disputing this debt and invoking my rights under the FDCPA and any other applicable state laws as well.
Request is hereby made that suspend all collection activities and that your agency provide me with clear and convincing evidence that I have a legal obligation to pay you and/or the original creditor for the amount in dispute.
Accordingly, please provide me with a complete accounting of the debt you claim I owe within thirty (30) days of your receipt of this letter. This proof must include, and is not limited to:
• The complete and signed contract for the debt obligation which is the subject matter of this dispute;
• An itemized breakdown of what you claim the money is owed for;
• Explain and show me how you calculated the amount in dispute;
• Provide me with copies of any documents, ledgers, spreadsheets, etc., that show that I agreed to pay the amount you claim that I owe;
• Identify the original creditor;
• Identify and accurately describe any third-party costs for which you are charging me, and that you have included in the disputed amount along a complete itemization of all such charges;
• Provide me with an affidavit that the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect on a debt in the ; and
• Provide me with your and your client's proof of Good Standing under the laws of and the Secretary of State along with information regarding your Registered Agent for Service of Process.
Please note: If you have reported invalidated and inaccurate information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud and disparagement of credit under both Federal and State Laws. Accordingly, if any invalidated or inaccurate negative mark is found on any of my credit reports by you (or the third parties that you represent), demand is hereby made to remove such negative marks while this debt is being disputed.
Please respond to this request within thirty (30) days of the date of this letter. If I do not hear from you within said timeframe, then this matter will be deemed closed due to your non-compliance with the FDCPA.
Sincerely,
______________________________ | Date: ___________________ |
About Debt Validation Letters
Learn about how to request debt confirmation and details in writing
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Common terms in a Debt Validation Letter
When making your own Debt Validation Letter, it's important to become more familiar with certain terms in order to effectively communicate your request for validation of a debt. Here are some common terms that may show up in a Debt Validation Letter:
Request for validation
A clear and unequivocal statement requesting validation of the debt. For example: "I am writing to request validation of the debt you are attempting to collect."
Cease and desist language
A statement indicating that, as per your rights under the Fair Debt Collection Practices Act (FDCPA), all collection activities should stop until the debt is validated.
30-day verification period
A statement indicating that the debt collector has 30 days from receipt of the letter to provide the requested validation.
Details of the debt
Specific details about the debt, including the amount owed, the name of the original creditor, and the nature of the debt (e.g., credit card, medical bill).
Proof of ownership
You may request proof that the debt collector owns the debt and has the legal right to collect it.
Verification documentation
Request any documents that demonstrate the validity of the debt, such as:
- Copies of the original signed agreement.
- Statements showing the transaction history.
- Any other relevant documents.
Statement of dispute
If you dispute the debt, clearly state your reasons for disputing it and request information to support the debt's validity.
Remember, it's essential to tailor the letter to your specific situation and to seek legal advice if you have questions about your rights or if the debt validation process becomes complex.
Debt Validation Letter FAQs
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How do I write a Debt Validation Letter?
It's simple and easy to get a free Debt Validation Letter using Rocket Lawyer. If you have your creditor’s information and a recent notice of a debt, follow the steps below:
- Make the document - Answer a few simple questions and we will do the rest.
- Send or share it - Get legal advice, if needed.
- Sign it - Sign your letter with Rocket Sign.
Making your document with Rocket Lawyer, in most cases, ends up being notably more affordable than hiring and working with a law firm to draft the whole document.
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Why should I send a Debt Validation Letter?
Sending a Debt Validation Letter is a consumer's right under the Fair Debt Collection Practices Act (FDCPA). It helps ensure that the debt is legitimate and that the consumer is not being subject to unfair or inaccurate collection practices.
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What happens after I send a Debt Verification letter?
The debt collector is legally obligated to cease collection activities until they provide the requested validation. They should respond with information about the debt, including the amount owed, the original creditor, and proof that they have the right to collect.
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What if the debt collector doesn't respond?
If the debt collector fails to respond within 30 days, or if the response is inadequate, you may have grounds to dispute the validity of the debt. Talk to an attorney to understand your rights and options.
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Can a debt collector continue collection efforts if they can't validate the debt?
If a debt collector cannot validate the debt, they are usually prohibited from continuing collection efforts. They cannot report the debt to credit bureaus or pursue legal action without providing proper validation.
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Does a Debt Validation Letter eliminate the debt?
Sending a Debt Validation Letter does not automatically eliminate the debt. It is a way to verify the legitimacy of the debt and ensure that the debt collector follows legal procedures. If the debt is valid, you may still be responsible for payment.
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What if I believe the debt is not mine?
If you believe the debt is not yours, include a statement in your Debt Validation Letter disputing the debt and requesting proof of its legitimacy. If the debt is not yours, the collector should cease collection attempts.
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