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Validation of Debt Follow Up Letter
This letter is a follow up to the original letter (see Step 1). You need to send that letter FIRST. This letter needs to be sent if they respond back but do not provide all the items requested in the original letter.
- Copy and paste this letter to a Word Doc.
- Do NOT sign your name. Only type it. The reason for this is that some collection agencies will copy and paste your signature to a letter they wrote, and claim it came from you. Their claim has a sense of legitimacy because it has your signature on it!
- Send it Certified Mail with Proof of Delivery. Retain this for your records.
Begin copying below this line:
_______________________________________________________________________________________
Collection Agency Name
Street Address
City, State, Zip Code
Re: Dispute of Alleged Collection Amount
Account: Account Number
Amount: Dollar Amount
Creditor: Name of Original Creditor
Attention: Account Manager
You are attempting to collect on an account that is in legal dispute!
I am requesting proof that there is some contractual obligation which is binding on me to pay this debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
1. Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
2. Agreement that bears the signature of the alleged debtor wherein I/he/she agreed to pay the original creditor.
3. Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
4. Intimate knowledge of the creation of the debt by you, the collection agency
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.
Not only has this debt been legally disputed but you have been unable to validate this debt as described under the Fair Debt Collections Practices Act, and as requested in my previous letter to your firm.
Any further communication with me, will be documented, and forwarded to the Federal Trade Commission as well as your State Attorney General. Therefore, please consider this response as my legal dispute and request for you under public law 95-109, 15 USC 1692g. S 809 to obtain verification of this alleged debt or a copy of a judgment against me.
I furthermore request the name and address of the original creditor stating that this alleged liability is mine so that civil action can be implemented to resolve this erroneous accusation, if necessary.
Rest assured I will pursue all legal rights therein to resolve this matter. Please note that this letter is being sent to you registered mail. I am keeping a copy of this letter with the return receipt attached.
I look forward to your response within the next 30 days. Thank you for your cooperation.
Sincerely,
Your Name
Your Address
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