Debt Validation Letter
The Debt Validation Letter can only be applied to a collection agency - not the original creditor.
For example, you have a credit card account with Capital One that is in default. You cannot ask Capital One to validate the debt. This is because you have been essentially receiving validation from them already in the form of monthly billing statements.
- Please be sure to input the name of the ORIGINAL CREDITOR in the 3 places it’s called for.
- Input the name of the COLLECTION AGENCY in the MULTIPLE places it’s listed. Simply type the name once and then copy/paste it in the spots, erasing the parentheses and the words “Collection Agency Name” of course.
- 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!
- Print 1 copy of the letter for your file, 1 copy for each repository that is reporting the collection, and 1 copy for the Collection Agency.
- Send the 1 copy to the Collection Agency via Certified Mail with Proof of Delivery.
- Once you have "Proof of Delivery" back make a copy of that for each repository you're sending a letter to and include it with the letter.
- Only send the letters to a repository IF the repository is reporting the debt.
Begin copying below this line:
____________________________________________
Your name
Your address
Name of Collection Agency
Street Address of Collection Agency
Today’s Date
Re: Account # (Input the account number here)
Dear Collection Representative,
This letter is being sent to you as my formal request for (Collection Agency Name) to produce absolute proof and validation that your firm has the LEGAL RIGHT to collect this debt.
I am exercising my legal rights under Title 15 of US Code 1692 (g) Section 809 (b) of the Fair Debt Collection Practices Act.
My request is that your office provide me with legitimate evidence that I have any legal obligation to pay you. Federal law requires you to provide me with each of the following items:
1. All records pertaining to actual debt to prove that the account belongs to me, including my signature on the ORIGINAL account application.
2. A statement of ALL charges to the account adding up to the amount that you are trying to collect, including fees, penalties and interest, separated out in total
3. Date of first delinquency with (ORIGINAL CREDITOR NAME) that led to collection
4. Date that you purchased the debt and proof that you have the right to collect on behalf of (ORIGINAL CREDITOR NAME)
5. Date of last payment/activity, if any, on the account
6. Full name and address of your direct contact at (ORIGINAL CREDITOR NAME)
7. Proof that the Statute of Limitations has not expired on this account
8. Proof you are licensed to collect in my state
9. Your license numbers and Registered Agent
(Collection Agency Name) has 30 days to respond with absolute proof as required by law. In addition, if (Collection Agency Name) has not reported this account to the three major credit reporting repositories, namely Experian, Equifax, and TransUnion, then (Collection Agency Name), by law, cannot do so now that I am disputing the validity of its claim.
However, if (Collection Agency Name) has already reported the item to the three major credit reporting repositories, and cannot produce the above-requested absolute proof, then your firm must immediately remove any negative reporting from my credit files at Equifax, Experian, and TransUnion as continuing to report an unverifiable, disputed debt on my credit reports would be an FCRA violation and I will report it as such.
I am well aware of my consumer rights, and of recent favorable lawsuit verdicts in favor of consumers, wherein collection agencies have been sued for violation of FDCPA and were forced to pay damages. I reserve the right to file a suit against (Collection Agency Name) for FCRA and FDCPA violations in my court’s venue should (Collection Agency Name) not follow the letter of the law on this issue.
During this validation period, if you take action which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository which could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your office(s) fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I am also requesting, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be documented, considered harassment, and I will have no choice but to seek a legal course of action against your office. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.
I look forward to your timely response. This letter was sent via certified mail, and I have retained proof of delivery for my files. A copy of this letter, along with a copy of the proof of delivery to you, has also been sent to the three major repositories.
Best regards,
Your Printed Name
(End of letter, do not include this sentence in the letter)
Disputing a record from the original creditor
Dispute Experian
Dispute TransUnion Dispute Equifax
The date of delinquency is the ORIGINAL FIRST MISSED PAYMENT DATE....NOT the date the collection agancy received it, nor is it the last date they spoke with you. The 7-1/2 year "clock" begins on the original date of delinquency, so it's very important to keep proof of this!
You CAN pay someone to do these steps for you, but personally I hope you take 2 hours to invest into your credit and follow these easy steps. Save your money!
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