Sample Debt Validation Letter: Stop Collection Agency Phone Calls
One effective way, to argue your dispute and stop annoying collection agency phone calls that cause you undue stress or even unnecessary embarrassment in your workplace, is to make sure that the debt collector does his/her job properly in writing. You should also demand for important debt validation information to make sure that everything is above board.
Name
Address
Date
RE: Account XXXXX-XXXX-XXXXX
Dear Collection Agency,
Your firm has continually contacted me by telephone over an alleged debt. I know you are aware of the guidelines set forth in the Fair Debt Collection Practices Act, and I am requesting validation of this debt. I am requesting proof that I am the party you are requesting pay this debt, as well as proof that I am contractually obligated to do so. I request that you no longer contact me by telephone, but instead in writing by mail. I have outlined the documentation pertaining to legal debt validation for your review
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509.
  • Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the original creditor.
  • 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.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
I am sure you are aware under FDCPA Section 809 (b), you may not pursue collection activity until the debt is validated. You should be 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.
I do not wish to litigate, but am prepared to use the courts as needed under the FDCPA.
I’m looking forward to your swift reply.
Sincerely,
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