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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.
Feel free to copy and paste the letter below into any word processor or, if you prefer, I'll send you an electronic copy absolutely FREE! Simply submit the form located at the right and I'll send a copy of this sample letter to whatever email address you provide.
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Free Sample Letter
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;
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.
IMPORTANT: Always send debt still in dispute letters by "official mail - return receipt requested" and keep a copy for your records.
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Rich's Enterprises, L.L.C.
Prattville, Alabama (Est 1998)
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