Debt validation letter: Sample letter to dispute your debt

Hi Elixir and Trina,

What does CA mean?

CA means collection agency.

Trina, you cannot send a debt validation letter to the debtor. It has to be sent to a creditor. Now, if there is an old debt which you do not remember or you think that the debt does not belong to you, you need to send a debt validation letter. Usually it is sent to the organization that is collecting on the debt. If it is the original creditor, then you send it to the original creditor. If it is a collection agency, then you have to ask them to validate the debt.

Hi guys,

I was dealing with one CA for a valid debt that I still owe for a credit card account. I called them back today (after having missed a couple of payments - they had been trying to reach me for a few days) and they won't give me the time of day and only refer me to a new agency with their 800# and how they can't even discuss my account any longer, because their computer system has shut down their ability to even see my account - 4 different reps. told me the same thing.

I call the new 'agency' named James A. West, P.C. (apparently a Houston, TX attorney). They were very rude and threatened 'further action' if I did not pay; they claimed they had received my account just today! Anyway, I actually set up a payment and then called back to cancel after some internet research on this topic.

But I asked for documentation and they faxed a general notice over to me. Problem is, my credit card company has no knowledge of this 'agency' and only has knowledge of the first collection agency. .....

So what is this, my debt got sold off? My CC company told me on 2 occasions that I can still make payments with them directly, and that they own this account still. Also, this 'new' agency claimed that it is merely in default, and not 'charged off.'

I do not reside in the same state as James A. West, P.C. Can they even pursue legal action against me?

My real question is, should I even bother at this point to send me a DV letter? (I have one prepared ready to go anyway). Also, assuming I understand it correctly, any agency claiming to collect debt must show proof in a response to DV that they are authorized to collect this debt on behalf of the original creditor?

Thanks!! You guys are very helpful, I wish I can offer some good guidance as well... as soon as I hear more info.

If you have the opportunity to work with the original creditor then that is what you should do, that would take care of all these knucke heads, they would be completely out of the picture and you would not have to deal with them at all.

Beside working with the origianl creditor can help you with your credit report also, the collectors on the other hand do not have the power to change the original creditors information on your report, but the original crditor can.

Hi goodnatured, wow quick response!

Yes, I already called them like 4 times today, and they claimed they have no idea who this new CA is or anything. I also have a payment set up with my original creditor which matches their guideline of my current minimum due, so I can actually catch up... so I think I should be fine. Just that I really don't know who these people are, and what they are capable of.... I found another website and they refer to this James A. West office as the 'legal enforcers for United Recovery Systems' - which happens to be exactly the original CA assigned by the original creditor (whom they confirmed were assigned).

I think I am over-worried about this.. I appreciate your help!

Depends on your State how summons and complaint can be delivered.

I had mine served on a a handyman while I was gone. But if you answer it you are admitting service.

Has anyone ever avoided a judgment because validation did not include the original signed agreement? I have read this entire thread and postings on many other similar blogs and it is not encouraging.

As I understand it, not getting VD has no bearing on lawsuit against you. You can only sue for a FDPA violation and if you win get up to $1000.

But what verification required is vague and from my scouting many boards (and reading this entire thread) all the news is bad.

If you really want to fight in most States its very complex so very hard to do pro se, and most of us can't afford thousands in attorneys fees to get a lawyer.

After you file an answer to Complaint you can file a ton of discovery requests as can the cc debt holder. In AZ we have to file a Rule 26.1 Disclosure within 40 days of our answer as does the other party.

Than the cc debt holder files for Summary Judgment

We have to file "Response to Motion for Summary Judgment"

The way some cc lawyers prove the debt is by Affidavits statements from a person at the cc company saying they have personal knowledge from the records of the legitimacy of the debt.

We have the legal argument that since the Affiant did not personally witness us signing the document and in fact may not have even seen the original signed document, it is inadmissible hearsay.

In order to make that argument we have to file a Motion to Strike Affidavit and worse it has to include a Memorandum in Support Of Defendants Motion to Strike Affidavit in Support of Plaintiff's Claim. To be strong you need to cite cases in your own State to support your motion.

In my case I used
Arizona Rule of Civil Procedure 56 also sets the standard for affidavits: “Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” See also Ariz. R. Evid. 901(b)(1) (authentication includes “[t] testimony that a matter is what it is claimed to be”).

Affiant did not have personal knowledge of the facts to affirmatively show she was competent to testify. On summary judgment, a witness must demonstrate (1) familiarity with the person who prepared the document and (2) the manner in which it was prepared. See Villas at Hidden Lakes Condos Ass’n v. Geupel Constr. Co., 174 Ariz. 72, 82, 847 P.2d 117, 127 (App. 1992) (finding that an association failed to establish a prima facie case entitling it to summary judgment because its supporting affidavit did not provide foundation for the affiant’s personal knowledge and conclusions, nor did it demonstrate his familiarity with the person who prepared the affidavit exhibits or the manner in which they were prepared); Chess v. Pima County, 126 Ariz. 233, 235, 613 P.2d 1289, 1291 (App. 1980) (an affidavit does not comply with the rule when “it contains conclusions and fails to show that the affiant is competent to testify to the matters stated therein”).

But only those in AZ can try and use these cases, and whether or not it will work is very iffy. It totally depends on the attitude of the judge and it seems most are not that consumer friendly.

Hi, can anybody tell me the process of initiating credit repair once you have a copy of your reports.

Hi westway,

Yes you can send debt validation for the oc. However first check the SOL in your state. SOL depends not only on the state where you are living but also on the type of account your debt is on. So check the details of SOL according to your state and account. If the SOL has expired the creditor can't sue you. However if it has not, you need to contact the creditor and tell them that you are willing to pay the debt, and request them for a pay for delete agreement. With a pay for delete, the creditor will ask the credit bureau to remove the item from your credit report. Your credit report will then show either "paid in full" if you pay the amount in full or "paid as settled" if you settle the amount to be paid with the creditor.

For a sample pay for delete letter you can check http://www.creditmagic.org/repair/pay-for-delete.html

Hi Ana,

Debt validation letter is sent when you are not sure whether or not you owe the debt, or how much you owe. If you are sure that you owe nothing, you don't need to send a debt validation letter to the collection agency (CA).

Did you check your credit report before, when you owed the debt? Then did you check the status of your account? Now, when you checked your report, did it reflect as satisfied? If it is so, you can directly send a "cease and desist letter" to the CA, with the proof of your payment to the original creditor.

However, if the credit report is still not reflecting your account as paid, you can contact your original creditor, and inquire into the matter. After, this issue gets settled on your credit report, you can send "cease and desist letter" to the CA.

As for your second question, I think that the account has been handed over from one CA to another. Thus, it is reflected as under 2 different agencies. You can send the debt validation letter to the CA who now owns the account and pay the due amount to them.

Hope this helps.

Thank you so much.............great letter, I will send it out to a summons I received............

Will let you know what happens.........

Thank GOD for the INTERNET.............

hi Jenformark:

I think this depends on the state laws. State laws are different in different states on garnishment. So, you can check out the laws of your state.

Lauralyn:

Hope that your problem will soon get solved.

Regards,

Aaron.

Hi,

If you find after the validation that the debt is not owed by you, you can send a cease and desist letter to the collection agency. You will get a sample "cease and desist" letter at http://www.creditmagic.org/repair/cease-desist-letter.html .

In case, you find that the debt amount reported is incorrect you can first ask the creditor or collection agency to first update the amount. Attach copies of your proof with the letter to the creditor or collection agency. You can also dispute with the credit bureaus.

If the creditor has sold the debt to a collection agency (CA), you can pull your credit report to check which collection agency now holds the debt. Then you can contact that CA to pay the debt. However, you can request the original (OC) creditor to pull back the account form the CA, if you don't want to deal with the CA . If the OC agrees to pull back the account, you can then deal with the OC.

If the account has been totally sold off to the CA, then the OC may not want to deal with you anymore.

Hope this helps.

Regards,

Aaron

Hi Davit,

You should first pull a copy of your credit report and check if the collection agency is listed against any of your accounts. If it is so, you can send them a debt validation letter. For a sample debt validation letter you can refer http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .

If you really owe the money, this is definitely damaging your credit. Thus, it's better to pay off the due amount. However, before that you need to get the validation of your debt. Until the collection agency validates your debt, they cannot continue with the collection process. Send them the debt validation letter through certified mail, requesting a return receipt.

Hope this helps.

Regards,

Aaron

Hi Karthik,

Under the rules of Fair Debt Collections Practices Act (FDCPA), the debtor is required to send a "debt validation letter" within 30 days of the first collection attempt. However, FDCPA does not mention that the creditor or collection agency is required to the validation request within 30 days.

Thanks,

Aaron

I thought I would hang my DV here and let everyone pick over it. I have tried to list the code to force RJM to comply to each of my six items. To remove the negative credit record, which I intend to offer them .10 cents of the dollar. They are currently offering me 70% off the debt for a one time pay & clean account. However I am unhappy with these people, so 90% off the collections. perhaps we can settle for .15 on the dollar.

But further, they sent me two statements, one for me and one for my spouse, treating us seperately to the same amount. That is fraud if we both paid the statements. Anyway, ck it out. :) I haven't mailed it yet, thought I would get some opinions.

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RJM Acquisitions LLC
575 Underhill Blvd. Suite 224

Syosset, NY 11791-3416

DISPUTE & VERIFICATION NOICE

RJM Acquisitions,

I am writing in response to your letter dated 03/31/2010, (copy enclosed) because I do not believe I owe what you allegedly say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section § 809(b), Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

(1) the alleged corrected amount of the debt, if any debt owed 15 USC 1692e: § 809(a)(1) 807(2)(a)

(2) the alleged name of the creditor to whom the alleged debt is owed; 15 USC § 1601(4)

(3) The alleged corrected account number with verification copy from the original creditor showing date of breach of agreement, if any., of what type of account and number of account processing was used. 15 USC § 1692(e) § 809(b)

(4) Provide a verification or copy of any judgments if applicable from any parties to the alleged debt. 15 USC 1692e: § 809(b)

(5) Proof that you are licensed to collect debts in the state of New York and California 15 USC § 1692(e), § 807(1)

(6) Proof of any collection agreement with the original creditor, if any showing the purchase of an alleged debt and date of acquisition of any alleged exchange of purchase amounts giving you authority to collect the erroneous debt, if any. 15 USC § 1692(e), § 807(2b), § 812 (a)(b)

Because of my best knowledge to this alleged debt contained in the erroneous RJM Acquisition letter (copy contained here), I am responding in dispute within 30 days by certified mail, signature requested, for verification all items above 1-6.

RJM Acquisitions may consider a prompt response, show verification of items 1-6 above, remove all negative erroneous and inaccurate reporting to any and all credit agencies and notify them of this dispute, and notify me when this is completed. If you do not own this debt as the collections agent, you must send a copy of this dispute letter to the original creditor.

15 U.S.C. § 1681 (2)

As such time as verification is received, I will consider negotiating some debt amount, but there is no current reason to believe this is a valid debt owed you or anybody else. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Lastly, you have fraudulently attempted to collect this debt twice from this same address on March 31, 2010, with two business statements for the same erroneous account number and amounts. Have you decided if you are attempting to collect the alleged $812.36, or $1624,72 ? If you prove to be a legitimate collection agency I will consider filing a criminal complaint with my CA. Attorney General and reporting RJM Acquisitions to the FDCPA for fraud and deceptive business practices.

I also made note that I was 70% through your letter before you announced you were a "Debt Collector," if you are, and if so that is deceptive and unprofessional conduct on your part, considering you put a phone number at the top of the letter beside a company name that does not include the legal term "Collection."

I WILL NOT SIGN THIS DISPUTE LETTER I AM MAILING.

This leaves them confused as to who it is from. The RJM guy refused to talk to me on the phone yesterday, said he wanted my spouse. I said I am a legal representative of the spouse according to my CA marriage licence. He got huffy, claimed he was going to file something & hung up. The guy also used a local phone #, when he is in NY & I am in CA. That is deceptive business practices. Anyway, this should be fun. :)

Hi,

Welcome to this community :)

You can use the letter you wrote. However, you will get a sample letter in this community too. You will get the sample debt validation letter at http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .

Thanks,

Aaron

Hi,

Yes, you can send this letter of yours. However, remember to send this through certified mail, requesting a return receipt. You then will have the proof that you had send the letter. In case, they can't validate your debt, you can use this to dispute the item off your report.

Thanks,

Aaron

Hi Guest:

You can let the item fall off. However, you need to check the Statute of Limitations (SOL) on the debt. If the SOL hasn't expired yet, the creditor can sue you within the 2 months time. So, If you know that you owe the debt, and if it's possible for you to pay it off, you should try to pay it off.

However, if the SOL has expired, you need not worry.

Guest1:

Can you explain what exactly you need to know?

Thanks,

Aaron

Hi,

Case Management Conference is a kind of meeting where the judge and the two parties (plaintiff and debtor) appear. The purpose of this management is to solve some issues before going into the trial. Thus, you may answer within the stipulated time.

Thanks,

Aaron

Hi Kevin:

You will be able to find an answer to your query at http://www.creditmagic.org/card/summons-addresschange.html#45702 .

G:

Can you tell as to why didn't you answer to the summons? If you would have, it would have been much easier to dismiss this case, and stop the garnishment. Try sending a debt validation letter to the collection agency or else visit the court from where the summons had been served.

There request the court clerk to provide you with the details of the case. You will be able to find from the paperworks if this debt has been incurred by you. As you are sure that it isn't your debt, you can file a motion to vacate the judgment.

Thanks,

Aaron

Hi,

Hope that you will be able to solve this problem as early as possible.

Regards,

Aaron

Hi Sandra,

First pull a copy of your credit report, and check the status of this account. Can you tell whether or not you had defaulted on this debt before joining the debt solution company? Talk to the creditor or collection agency, whoever have sent you the summons.

However, as you have received the summons, you need to answer to that, else they may be win a default judgment against you.

Thanks,

Aaron

Hello friends,

This is very nice information on debt validation.
Thanks for this information.
___________
Organic Hair Products | Beauty Skincare Products

your welcome jack, hope to see you register and participate in the forum.