| Author |
Message |
|
Options 
Bookmark online
|
Laura
Joined: 21 Jun 2007
Laura's page
Posts: 1327
35604 Magic Points
|
|
Subject: Debt validation letter: Sample letter to dispute your debt
|
|
|
Thu Nov 29, 2007 4:48 am
|
|
|
What is debt validation?
Debt validation is the debtor's right to ask for validation of a debt a creditor claims he owes. A letter requesting validation of the debt should be sent to the creditor or the collection agency, if they claim that you owe the debt, either by sending a collection letter or by reporting the debt on your credit report.
Debt validation letters (DV letters) should always be sent by certified mail requesting a return receipt or faxed, so that you have proof that you have asked for the debt to be validated if the creditor fails to validate the debt. When you ask for debt validation from a debt collector, they need to provide you with a copy of the original signed contract between you and the original creditor and the account statement showing your outstanding debt. In addition to these two documents, the collection agency must provide you with proof that they have been given the right to collect the debt by the original creditor, or they have purchased the debt from the original creditor.
On receiving the debt validation letter, the creditor or the collection agency must provide you with proper validation within a few days from the date they receive your DV letter. If they fail to validate the debt within this period, then you are no longer liable to pay the debt under the Fair Debt Collection Practices Act.
Here is a sample debt validation letter which will help you to ask for debt validation.
Your Name
Your Address
Name of CA
Address of CA
Date:
Re: Your Account No:
Dear Sir/Madam,
I checked a copy of my credit report and realized that there was a collection reported from your agency, which I was not notified about. I do not reject to provide with the debt amount. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that your claim is disputed and a validation is demanded. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.
Please dispatch copies of the following with your reply:
1. The agreement which authorizes you to collect debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account and validation of the amount.
With regards,
Your Signature
Your Name
Hope this helps 
_________________
Regards,
Laura. |
|
|
george
Joined: 06 Jul 2006
george's page
Posts: 69
2855 Magic Points
|
|
|
|
|
Thu Nov 29, 2007 4:52 am
|
|
|
Hey Laura great letter. Look at this one. This is a debt validation follow up letter that can be used up if they dont communicate after the letter that you sent
Your Name
Your Street address
Your City
Date:
RE: the account number
Dear Sir/Madam,
I had sent you a request to validate my debt, account no.__________ on____________.
According to the Fair Debt Collections Practices Act (FDCPA), I have the right to aver a validation of the debt and you are obligated to provide me with the relevant documentation. I have received no reply from you except the confirmation of receipt of letter on____, whereas the other credit bureaus have sent their verified document.
You are now in violation of the FDCPA and subjected to a fine of $1,000 (refer to the act for updated value), which I may collect by filing a claim. I intend to continue with the suit in case I receive no further communication from you within the coming <10> days.
This might result in a black mark on your standing. This has the possibility of landing you in serious legal dilemma with the FTC and other state and federal agencies.
PLEASE TAKE NOTE OF THIS.
Your Signature,
Your Name
_________________
George Miranda
Money does not buy happiness. Happiness is found in being content with who you are and what you have. |
|
|
Maddie
Guest
|
|
Subject: Can you help me?
|
|
|
Thu Jan 03, 2008 11:45 pm
|
|
|
I just received a summons to court and read that I should request debt validation letter. It's already on my credit report that it's been charged off and I have 30 days to respond. How would I request debt validation if I've received a summons, is it too late? Also would you happen to know how to write an answer? I have a template but I'm not sure if it's right. If you can help that would be great!
Thanks! |
|
|
SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 171
Location: Sunny Arizona
6560 Magic Points
|
|
|
|
|
Fri Jan 04, 2008 5:55 am
|
|
|
Forget the dv right now... Your primary objective should be responding to the summons. If you don't by the date the court advises, YOU WILL BE found in DEFAULT.. Which means they can garnish your wages and/or put a lien on your home..
In this response, you need to deny having sufficient knowledge to form a educated opinion of the matter.....
When is your response due back at court....??
Let me dig up my old response and perhaps you can use that to assist you..It may take a day or two... cause its on my old puter... |
|
|
Laura
Joined: 21 Jun 2007
Laura's page
Posts: 1327
35604 Magic Points
|
|
|
|
|
Sat Jan 05, 2008 4:30 am
|
|
|
Debt Validation does not come into question here. As Sun said you need to answer to the summons first and at the earliest. If you dont the case can go against you.
See the debt might have been charged off but that does not mean that the debt is not there. You have received the summons so you have to respond. How old is the debt and which state do you belong to?
_________________
Regards,
Laura. |
|
|
maddie17
Joined: 03 Jan 2008
maddie17's page
Posts: 4
211 Magic Points
|
|
Subject: Debt Validation
|
|
|
Tue Jan 08, 2008 9:58 pm
|
|
|
Hello Guys,
I believe the debt is 5 years old and I checked the SOL in my state which is 6 years so I don't think that will help me. I have 20 days to respond. Is it too late to request a debt validation upon filing my answer? I read on a website to request one and it will delay the hearing because according to the credit laws it must be validated if requested. I don't believe I owe what they are saying I owe because they added all these fees. I just don't know what to do, I can't afford to have my wages garnished. My husband and I are low income and I'm unemployed but have an interview this week, I also have a baby on the way. I can't afford to hire an attorney right now either.. I just want this over with... |
|
|
erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 547
-103 Magic Points
|
|
|
|
|
Sun Feb 17, 2008 2:04 am
|
|
|
You will want to make sure that you respond to the summons, in the 20 day window or they will win by default. You simply have to admit or deny the statements in the summons.
Example:
Defendant live on 1243 hollow road, xxxxxx, xxxx. Admit
Defendant owes debt to the ABC company. Deny
One thing to keep in mind with this debt, you did not establish the original debt with them if they are a collector, you established the debt with the original creditor.
Once you have admitted or denied each of the allegations, you will need to make a copy and file it with the clerk office in which the summons was served and wait for a response. Don't let this intimidate you and don't let them win by default. |
|
|
Lunchtime
Joined: 29 Dec 2007
Lunchtime's page
Posts: 108
-21 Magic Points
|
|
|
|
|
Mon Feb 18, 2008 3:46 pm
|
|
|
| you should listen to everyone here they have been very successful working with these types of issues, goodluck with your situation. |
|
|
erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 547
-103 Magic Points
|
|
|
|
|
Mon Feb 18, 2008 4:42 pm
|
|
|
| wow, what a long post lunchtime, but a lot of good information there. I think if you just answer the summons in the allotted time frame and then show up for the courtdate you will be okay. |
|
|
carol
Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California
29992 Magic Points
|
|
|
|
|
Thu Mar 06, 2008 7:37 am
|
|
|
Never dodge a summon. That will let them pass a default judgment against you.
_________________
Keep in touch
Carol |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3931
307 Magic Points
|
|
|
|
|
Sun Mar 09, 2008 12:27 pm
|
|
|
You have to answer it or they will win by default, the collection agencies are very aware of what the rules are so it is important as consumers that we know the rules too. There are wonderful websites out there that will give you information and you can come to forums such as this and find real people going through the situation in real time and follow their lead. I have posted some information on here that is very relavant to what I have went through dealing with creditors, they can only get a way with what we let them, so our first line of defense is to educate ourselves so that we can counter what they are saying or doing to us.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4248
52 Magic Points
|
|
|
|
|
Mon Mar 24, 2008 1:56 am
|
|
|
| sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work. Also somewhere along the line don't they have to verify the debt before the court can award the CA money? Just wondered how this worked out. |
|
|
Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 576
11 Magic Points
|
|
|
|
|
Mon Mar 24, 2008 6:55 am
|
|
|
| Code: |
| sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work. |
Well, a debtor certainly doesn't want to admit to the debt
There is nothing to say that a general denial of the allegations in a civil claim will "secure" a win...if the defendent/respondent is to fight the claim in a courtroom, the idea is to make the plaintiff/petitioner prove the existence and validity of the debt.
| Code: |
| Also somewhere along the line don't they have to verify the debt before the court can award the CA money? |
If the defendent/respondent does not show to a court hearing, then a default judgment may be entered; as for proving the validity of the debt, the defendent/respondent (or the attorney, thereof) is not present to challenge the documents that would be presented as evidence.
_________________
I don't dream since I quit sleeping |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4248
52 Magic Points
|
|
|
|
|
Mon Mar 24, 2008 6:37 pm
|
|
|
| Thanks for clearing that up for me Morningstar. This all can be confusing. |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3931
307 Magic Points
|
|
|
