A collection agency debt validation letter is the topic of
this blog post. Debt validation letters
are authorized by the Fair Debt Collection Practices Act (FDCPA) provision
found in Title 15 United States Code section 1692g(b) which allows consumers to
send a written communication to any third-party debt collector such as a
collection agency that their claim is disputed and validation is requested.
Section 1692g(b) also states that if the consumer notifies
the debt collector in writing within thirty days 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 a 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.
You should send any debt validation letter within thirty
days of receiving any communication from a debt collector as in most cases this
will prevent the debt collector from any further attempts to collect the debt
until they have obtained verification of the debt.
If the debt validation letter is not sent within thirty days
the debt collector may continue attempts to collect the debt while they obtain
verification of the debt.
Title 15 United States Code section 1692g(c) states in
pertinent part that even if the consumer does not dispute the validity of a debt
within the thirty day period that failure to dispute the validity of any debt
may not be construed by any court as an admission of liability by the consumer.
The first thing to do after receiving any communication from
a debt collector is to first determine if the debt may be valid or not as the
use of a debt validation letter may not be a good idea where the debt is
clearly valid as sending the letter may prompt the debt collector to not only
verify the debt but also take further collection actions. However if the name
of the creditor is listed on the collection agency notice and you do not
recognize the name of the creditor than the use of a debt validation letter should
be seriously considered.
Attorneys or parties
who would like to view or download a sample debt validation letter to a
collection agency created by the author and available for FREE download in Word
format can use the link shown below.
View over 300 sample legal documents for sale
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.
*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.
Follow the author on Twitter at: https://twitter.com/LegalDocsPro
You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx
DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
