Yes, send a certified letter (snail mail) requesting validation of debt. They must provide your agreement with the original creditor, as well as as much detail as possible on transactions.
Typically, once you receive the validation letter you can ask for more information or work on a settlement if it's yours. If you are going to ask for more information ask for more details around specifically why they believe it is your debt, if they are licensed to collect debt and how old your debt is.
To further establish as evidence the date and fact that you sent the debt collector a DV letter, it's a good idea to have someone else mail your DV letter along with an "Affidavit of Mailing". This signed and notarized affidavit by a third party will firmly establish your evidence of mailing the DV letter.
Use certified mail. If you are sending a debt collection letter for the purpose of informing debtors that legal action will soon be taken, you must be able to prove they received your communication. That means sending it by certified mail.
Debt Validation Letter Example
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
Elements to include in your collection letter are: Brief statements: Use simple language in your letter that briefly describes the service you provided and clearly details that the client is past-due on their payments. Keep it brief, relevant and easy for clients to quickly read through.
Do Debt Validation Letters really work? Yes, they do. When a debt collector receives a Debt Validation Letter, they are legally required to provide validation of the debt. Debt Validation Letter's work best when they include a cease and desist clause that forces a lawsuit.
Cease Collection Efforts: If the creditor cannot validate the debt, they must cease all collection efforts until proper validation is provided. Dismissal of Lawsuits: If the creditor has filed a lawsuit against the debtor, failure to validate the debt can result in the dismissal of the case.
If you don't dispute the debt within 30 days, the debt collector will assume that the debt is valid. Within this window of time, you have the right to request the name and address of the original creditor and to dispute the debt — or part of it — via a debt verification letter.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
The phrase in question is: “Please cease and desist all calls and contact with me, immediately.” These 11 words, when used correctly, can provide significant protection against aggressive debt collection practices.
Once you receive the notice, you'll have 30 days to dispute it by writing a verification letter. Your validation notice will include information you can use to respond to the collection agency, along with the date by which you need to reply.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
If a debt collector doesn't send you a debt validation letter, they are violating the Fair Debt Collection Practices Act (FDCPA). If you still believe the debt isn't yours to pay, you can send a debt verification letter to dispute it.
Further contact. Some debt collectors are only paid when they successfully recover payment of a debt so are unlikely to stop contacting you until they achieve this – even if you ignore them. Some debt collectors also will ramp up their collection efforts when you ignore them to pressure you into paying what you owe.
Again, most states require credit companies or the debt collector collecting on the account to attach a complete set of documents to the complaint. These documents usually consist of the original contract and any document showing that the company suing you actually owns the debt.
A payment collection letter or debt recovery letter is usually dispatched by either the creditor or the DRA (Debt Recovery Agency). A collection note can also be sent by a debt buyer who buys default profiles from the lender who then becomes the official owner of these delinquent accounts.
I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.