The FDCPA operates on the least sophisticated debtor standard so you don't have to be fancy. Just make sure you do it in writing and send it certified mail. Simply ask the attorney to verify the debt in accordance with the FDCPA.
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(Date)
(Your Name)
(Address)
(Collector's Name)
(Collector's address)
Re: Acct # XXXX-XXXX-XXXX-XXXX
Dear Collector:
This letter is being sent to you in response to a notice sent to me on (insert date letter sent by collector). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(g) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following: a simple accounting of the debt, the name and address of the original creditor, and the original account number. Also, please show me that you are licensed to collect in my state and provide me with your license numbers and your Registered Agent.
Your anticipated cooperation in this regard is greatly appreciated.
Best Regards,
Your Signature
Your Name |
REMEMBER: ALWAYS SEND LETTERS TO COLLECTION AGENTS VIA CERTIFIED MAIL.
It's very important not to be antagonistic. Don't threaten the collector and don't lie. Don't threaten to sue him or report him to the Bar or say you have an attorney if you don't. These tactics don't intimidate collection lawyers and simply mark your file for extra special attention. Finally, a certified mail written request for an FDCPA verification may end the collection process. That is true in a very small percentage of cases, but it is worth taking as a first step.
Rich's Enterprises, L.L.C.
Prattville, Alabama (Est 1998)
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