You've disputed a debt but, after receiving
information or documentation from a collector that supposedly validates the
debt, you are not convinced and still wish to dispute the debt.
According to the Fair Debt Collection Practices Act (FDCPA): 15
USC 1692g, Section 809(b): Validation of Debts;
(b) If the consumer notifies the debt collector in writing
within the thirty-day period described in subsection (a) 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 any 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.
So, to validate debts, collectors only have to provide one of the
following:
- Verification of the debt; or
- Any copy of a judgment; or
- The name and address of the original creditor,
Notice the FDCPA's use of the word "or" which
means collectors DO NOT have to send all three to validate a debt. They could
send only the name and address of the original creditor and in doing so have
fulfilled the requirements of the FDCPA.
IMPORTANT: Verification of debts can take many
forms. If you receive anything other than a judgment, it's wise to consult an
attorney about the validity of the information or documentation. If you receive
a copy of a judgment verify it by calling the clerk of the court that issued
the judgment and ask if the judgment is still valid (some states require
judgments to be renewed).
After receiving the name and address of the original creditor,
it's a good idea to contact the creditor to verify as much information about
the account as possible. Verify the account number and then ask when the
account was established, when the last payment was made, when the account was
charged off and if the creditor still owns the account.
If, after checking out the information or documentation provided
by the collector, you still wish to dispute the debt, or any portion thereof,
use the free sample dispute letter below to draft your own letter explaining
why you still dispute the debt.
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Feel free to copy and paste the letter below
into your word processor or, fill the Debt Dispute Still Invalid
form and I'll send you a free copy. I send letters within
minutes of receiving requests for them.
Common reasons why you may not receive the
letter:
- You're Spam filters ate it;
- You're Email address is wrong;
- You're Inbox is full or reached it's size limit;
- You're Server is slow or down for maintenance
Most people receive my letters within minutes of their
request however, some email servers can be slow at times, especially during
peak hours so it may take just a few minutes or as long as several hours before
the document arrives in your E-mail in-box. |
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Free Sample Letter for Disputing Debts
that You Believe are Still Invalid
Today's Date
Your Name Home Address Phone Number
Attention: {name of collector} Name of Agency Agency
Address
Account Number: {account or reference number}
Dear Mr. /Ms.
This letter is to inform you that I still dispute this debt.
After receiving your response to my original dispute letter, I contacted the
original creditor who was unable to verify this account as mine.
see additional reasons below
In my opinion, you have failed to validate this debt. I must
remind you that I originally disputed this debt within the 30-day dispute
period outlined in the FDCPA and that I am now also responding in a timely
manner to your attempt to validate this debt. Because I still consider this
debt as "still in dispute" I do not expect to hear from you
again except to provide information or documentation to clear up my reasons for
disputing this debt.
I already advised you in my previous letter that I am fully aware
of my rights under the Fair Debt Collection Practices Act and the Fair Credit
Reporting Act and that I will not hesitate to take all legal steps necessary to
protect myself. Be advised that I am keeping accurate records of all
correspondence including tape recording all phone calls.
Signature just above printed name Your Printed
Name
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Back to Letter
Additional Reasons
- I disagree with the amount you claim I owe;
- The judgment has expired
- The information or documentation does not meet the "validation"
requirements under the FDCPA;
IMPORTANT: Always send debt still in dispute letters by
"official mail - return receipt requested" and keep a copy for your records.
If you've fallen behind on your bills, especially credit cards, don't
panic. You may have several good options available to you. Your success starts
by assessing your current situation and finding a trusted service provider that
is licensed in your state. How iDebtAssistance.com Works:
Rich's Enterprises, L.L.C.,
Prattville, Alabama Legal Disclaimer
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