Debt validation letter: Sample letter to dispute your debt

Hi lizze
If the creditor has sued you to the court to recover the debt, and you have received a summon for that from the court, you should first file an answer to the summon with the clerk's office in the court from where you have received the summon. Next, you can send a DV letter by certified mail to check whether you actually owe the debt or not to the collection agency. The CA must validate the debt properly in order to claim the debt.

That is true, just because they sue you does not mean that they have the right to collect the debt, after you send the answer to the court, you should send the debt validation letter. Send it certified, return receipt requested, if they do not respond you will have proof that you have requested and you can present this proof in court. You can ask them again in court for validation, if they don't present it, you should have a valid win, they have to validate before they can make you pay.

Hi Lizze
Since you have already file the response, the next step is to send a debt validation letter. If they cannot validate the debt within the court date, they cannot bring any judgment against you. However, if they can properly validate the debt, I would suggest you to come to a repayment plan and settle the debt outside the court since a judgment in your credit report will lower your credit score. In most cases the amount for which you are sued exceeds the amount you actually owe. This is because of the interest and other payments.

Since you have received the summon, the first thing you should do is to file an answer to the summon. If you have already made a payment to the collection agency, then you must have the document which you can produce to the court on the court date as a proof that you no longer owe the debt. But make sure that you file an answer to the summon by visiting the court which has sent you the same, else there may be a default judgment against you and you may be required to pay for the same debt again.

Hello Kara, Yes you should send a debt validation letter by certified amil as soon as possible. Most times third party collection agencies purchase old debts for pennies on the dollar but do not get enough information or debt validation to be able to legally collect on that debt. This is just one reason why you need to get that debt validation letter out by certified post as soon as possible. If you need help with a letter you can find sample ledtters here at the credit magic forum under letters of credit..right side of your screen under financial tools.

Hi Kara
If they claim to have purchased your account, they must send the proof that they have purchased it from the original creditor along with a copy of the original signed contract between you and the original creditor as a reply to your debt validation letter. The validation must be made within 30 days from the date they receive your letter. Even if they send you summons and sue you to the court to recover the debt, they cannot bring judgment against you unless they properly validate the debt.

If they cannot provide you with the documents within 30 days, you can send a second letter telling them that they have violated the Fair Credit Reporting Act and so they should remove the information from your credit report. Make all correspondence with the creditor by certified mail. If they still do not remove the negative info from your report, you can send a dispute letter to the CRA along with the copy of the return receipt that you have received while asking for debt validation and the bureaus will get it removed.

If the collection agency has not listed their name against the debt in your credit report, and at the same time did not validate the debt, you need not pay them. If they sue you to the court, you can produce before the court the copy of the return receipt, and the judgment will go in your favor.

The New Bread of legal organized crime on the American people.

Page 1- Please Read to the end!
In 2008 I received a civil complaint from Oconee county court in South Carolina by Plaintiffs Brock& Scott,, representing a company called Channel Group LLC,(I have never heard of)- the complaint was for a debt. I answered the complaint to the courts and to the plaintiffs with my answer in denial of the debt at the inflated rate stated in the complaint.
I then received a summons to appear in summary court for a summary judgment hearing to be held on 10/06/2008. I appeared in court on 10/06/2008 and filed motions with the court asking for discovery and validation and also verification of debt and that the debt was mine. At the end of the hearing the judge said he needed 30 days to review the case.
On 12/08/2008 I received the judge’s order and decision awarding the collection attorneys the judgment. (Still was waiting on debt verification and validation at this time).
On 12/22/2008 I filled a motion to vacate the judgment with courts of Oconee South Carolina with the main reason to vacate being that I never received an answer on my request for validation and verification of debt as requested in court on 10/06/2008.
I then received a summons to appear in court on 02/02/2009. I appeared in court and made my appeal to the judge stating I never received verification or validation of debt and felt my consumer rights have been violated and respectfully request that the judgment be vacated.
On 02/07/2009 I received the judges ruling. The ruling was that my motion to vacate the judgment was DENIED! , No reason given by the courts – Just Denied!
HELP! - All I was looking for in court is for the law to be upheld. Why do I feel the courts just stripped me of any rights I might have had?
Times are tuff for a lot of Americans and I am no exception. My family and I are just barely making ends meet. If I could have afforded a lawyer on this case, I would have, but that is just out of my financial reach.
I plead and request as a very humbled citizen of the United States for the help of this agency FTC.
Respectfully
Jessie James – New Bread!

Special Note:
Page 2 consists of my thoughts on the only court appearances I have ever had in my life.

Page 2

It appears not only the bottom feeding lawyers that are buying junk debts for pennies on the dollar, are making a huge,, HUGE,, profit,, but the state of South Carolina courts and the judges are cashing in on this profit as well!!
(Reason) My federal rights under the FDCPA act were not, even considered in the case and that, I as Prose, may have not filed the proper court paper work even though I stated in all motions entered that I have not been schooled in the procedures of law. It appears that the judge’s decision was bias in both court appearances. (Bias) meaning – to describe a tendency or preference towards a particular perspective, ideology or result, especially when the tendency interferes with the ability to be impartial, unprejudiced, or objective.
This Bias decision goes far beyond the constitutional founding rights of every American in this country and the oath sworn in by every South Carolina Judge and all other state judges nationwide.
We as Americans have the constitutional right to defend ourselves with a jury of our pears.
(I have yet in this case –to have my constitutional right observed) but a bias judgment ruling twice has been made. Since there were no reasons on each ruling given to the defendant, I take the rulings to be strictly a bias opinion of the judge on each of the rulings. (*Ref.)
(* The defendant –as Prose has not been schooled in the art of law and must be given respect as such.)
In both of my court appearances, as I was leaving the court, the plaintiffs’ lawyer was called to the bench of the presiding judge without my witness of the derogatory conversation given. I can only suspect and assume that there was a hidden agenda transpiring about my case without my knowledge and approval. This is, in my (the defendants perspective) this type of actions should not be allowed by courts and state officials. Derogatories at the bench from the Judge should include both parties without question.

I have always been a law abiding citizen of the United States and of the state I live in. Never have I been convicted or accused of any crime nor have I ever considered being a part of a crime.

After going through the above legal system process, and with the legal thieves winning, and after I have offered full payment of the original principle amount but only being denied!!!! .
After 43 years of my life, I really think after all this, and allowing the legal organized crime bosses to legally steal inflated amount of debt. I am really considering being the next Jessie James of modern times. Why Not – It has become legal to steal inflated debt from hard working Americans that have fallen on hard times – But have tried to pay and willing to pay what they can but is rejected because judgment interest is more profitable when the legal mafia decides to collect.

I have filed a Federal complaint against the state and the legal organized crime lawyers feeding on the misfortune of middle to low class Americans that are really trying to make a life for their family.
This is a true shame of our nations Lawyers that have had the fortune to acquire a law degree to feed on the misfortune of others. Help and understanding is the true law of freedom in this land of the free and brave. The criminal organized lawyers resorting to this torture of the humane US citizens should be barred for life from practicing any form of law- period.

We the FTC have received your complaint.
Thank you for contacting the FTC. Your complaint has been entered in a secure online database available to thousands of civil and criminal law enforcement agencies worldwide. Your reference number is Jessie James (the new bread) fighting for the hard working people of America.
 
Here are links to the publications you may find useful:
 
FAIR DEBT COLLECTION

 

If you want to update your information or have any questions, please call our Consumer Response Center, 1-877-FTC-HELP. Keep your reference number handy.
 

Summons are to be answered within the time mentioned on the summon itself and there is no provision to ask for more time to answer a summon. If you do not get time to visit the court and file an answer, you can appoint an attorney who will file it on your behalf. If you do not file the response the creditor can bring default judgment against you.

good info here.. thanks

Hi Kara
Can you tell me the State where you have signed the agreement and the date of your last payment towards the debt so that I can tell you whether the Statute of Limitation on the debt has expired or not?
The Collection agency is not liable to tell you whether the SOL has expired or not as a reply to your debt validation request. Moreover, just sending the outstanding bills is not a proper debt validation. The Collection Agency must send you the proof the they have purchased the debt from the OC and a copy of the original signed contract between you and the original creditor.

If your current owner of the debt does not validate the debt within 30 days of receipt of your debt validation letter, you are not responsible to them for the debt. You can come to a forbearance agreement only if you are sure that you owe the debt to the creditor. Forbearance agreement is an agreement between the creditor and the lender where the creditor agrees not to exercise any legal right if the borrower makes his/ her account current within a certain period of time.

As far as I know, you need to either agree or disagree to the debt for which the creditor has sued your to the court. These is also an option on the response sheet where you can give reasons as to why you disagree to the debt. After filing the response, you will get a court date where you will get the scope to defend yourself. Just file the response within 30 days else the creditor can bring a default judgment against you.

If the creditor do not properly validate the debt within 30 days from the date of receipt of your debt validation letter, you can send a second letter telling them that they have violated the provisions under the Fair debt Collection Practices Act by not validating the debt properly and so they should immediately remove the negative item from the credit report.

If you think that you have been a victim of identity theft, file a complaint with the Federal Trade Commission online and become a registered victim of identity theft and update it by calling FTC at 1-877-438-4338. Next you should file a complaint with the local police station by submitting a copy of your online complaint and your identity proof.

"I disdain unfair practices where one, or a handful of lawyers or law firms, use their power to manipulate the law to their advantage monatarily ." Without question this is Unethical !
"Shane McGuirt"
Samuel Shane McGuirt

If your son has not signed the loan agreement papers, then he cannot be held responsible for the debt. It may be a proper debt validation, but if he has not signed, he is not liable to pay them off. You should keep the papers send by them safely for future reference. Moreover, if they harass you further for the debt, you should file a complaint against them with the Federal Trade Commission.

Hi Naureen
Yes, you can definitely ask for validation of the debt, but first of all you should visit the court that issued you the summon and file a response with the clerk's office within the date mentioned on the summon, else the creditor may bring a default judgment against you to recover the debt. However, if you receive the response from the court along with the summon, you can definitely fill up the response form and sent it by certified mail with return receipt.

Hi Ray
You are liable to pay the amount you still owe after your car has been sold. However, if you do not pay it off, the creditor can sue you and bring judgment against you to recover the debt. Now since you live on social security and ss benefit cannot be garnished, they may not recover the debt, but the judgment in your report will affect your credit score and you may not qualify for a second auto loan.

You should send the debt validation letter to the plaintiff who has send you the summon. If you have received the summon from the lawyer, you need to send the debt validation letter to the lawyer and not to the creditor. However before you send the DV letter by certified mail, you should file an answer to the summon with the date as mentioned on the summon, else the creditor may bring a default judgment against you.

The original creditor may either sell off the debt to the law firm or have authorized the law firm to collect the debt on their behalf. In either case, the law firm is the plaintiff as they have filed a lawsuit against you. But in you case I think that the creditor has only authorized the law firm to collect the debt.

It may take even two to three months to get a court date. However, after you get a court date, you should present yourself to the court to defend your case, else a default judgment may be passed against you. In the meanwhile, you can send a debt validation letter by certified mail and wait for their response.

As far as I know, the court only gives judgment and does not play any role in the process of debt recovery. If the judgment goes against your favor, you need to pay the judgment money and the creditor can recover the same either by garnishing your bank account or your wage. However, before they start the process of garnishment, you can negotiate with the creditor for a repayment plan and pay it off.

Hi Hellofamess
When you ask for debt validation from the creditor or the collection agency, the creditor generally requires you to validate the debt before they continue the process of debt collection. Unless they validate the debt properly, they cannot sue you to the court to recover the debt. You need to send a debt validation letter by certified mail to the creditor. For sample debt validation letters, you can visit the link letters of credit.