What does a verification of debt letter look like?
A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.
What Documentation Must the Creditor Provide? But what must the creditor provide by way of documentation? At a minimum, it must produce: A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you.
Communicating with debt collectors
In addition to using the validation information to follow up with the debt collector, you can use these sample letters to communicate with them: I do not owe this debt . I need more information about this debt . I want the debt collector to stop contacting me .
Generally, this information is provided in a written notice sent as the initial communication to you or within five days of their first communication with you, and it may be sent by mail or electronically.
And sometimes someone is trying to scam you. That's why it's important to verify your debts with the proper documentation, such as a debt validation letter. Doing so can protect you from scammers, prevent debt collectors from pestering you and keep you from paying money you don't owe.
To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.
- Name and address of the creditor.
- In case if the creditor is a company, the identity of the company.
- The total amount claimed by the creditor (Including SST) as at the relevant date, including any payments made after that date concerning the claim;
The letter typically includes the amount of debt, the date it was incurred, and consequences for non-payment like legal action or late fees. Debt collection letters are often the first step in the debt collection process.
Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.
Your Right to a Validation of the Debt
After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed. Collection activities must stop until they provide this information.
What is the difference between a debt verification letter and a debt validation letter?
In this article, “debt validation letter” means the initial notice a debt collector must send you under federal law, and “debt verification letter” means a letter you send to the debt collector to request more information and/or to dispute the debt.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Collect any documentation or evidence that supports your claim. This can include bank statements, payment records, contracts, or any other relevant documents that prove you are not responsible for the debt. Make sure to keep copies of all communication with the debt collector as well.
Once you receive the validation information or notice from the debt collector during or after your initial communication with them, you have 30 days to dispute all or part of the debt, if you don't believe that you owe it. If you receive a validation notice, the end date of the 30-day period will be specified.
A legitimate debt collector should be able to tell you their company name and mailing address, as well as information about the debt they say you owe. The debt collector should provide information about themselves and their collection agency.
Debt Document means any credit agreement, indenture, guarantee, security agreement, mortgage, deed of trust, letter of credit, reimbursem*nt agreement, waiver, amendment or other contract, agreement, instrument or document relating to Indebtedness of the Corporation or its Subsidiaries.
Unfortunately, my circ*mstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.
The information on the debt must be accurate, and rules and disclosures must be present. Letters need to also provide resources to debtors on how to dispute the debt and how they can respond. Contact details for the collector must also be present. Language can never be threatening or aggressive.
Letter # | Approach |
---|---|
2 | More Direct Approach |
3 | Inquiry and Understanding |
4 | Stern Warning |
5 | Final Notice |
What is a goodwill letter or late payment removal letter? In a goodwill letter, sometimes called a late payment removal letter, you ask the creditor that reported your late payments to remove the derogatory mark from your credit reports.
What is a drop dead letter?
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
Send the agency a letter by mail asking them to confirm their debt in writing. Search for the company name on the internet, review their website, call their number, etc. Do your homework. If they refuse to answer all of your questions, there's a good chance you're in the middle of a scam.
Debt Validation Letter Example
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
In most cases, the original creditor will offer better repayment options than a debt collector will. However, if your debt has been sold to a debt buyer and the original creditor no longer owns it, you'll need to pay the collection agency to clear up the debt.
References
- https://www.lexingtonlaw.com/blog/negative-items/statute-of-limitations-on-debt-collection-by-state.html
- https://www.swrecovery.com/resources/blog/the-7-in-7-debt-collection-rule-what-to-know-and-ways-creditors-can-work-around-it/
- https://pcigroup.com/what-is-an-effective-collection-letter/
- https://solutionscout.com/debt-collection/drafting-collection-letter/
- https://www.texasattorneygeneral.gov/consumer-protection/financial-and-insurance-scams/debt-collection-and-relief/your-debt-collection-rights
- https://upsolve.org/learn/should-i-pay-debt-collector-or-original-creditor/
- https://oag.ca.gov/consumers/general/debt-collectors
- https://www.farmermorris.com/faqs/11-word-phrase-to-stop-debt-collectors/
- https://www.nerdwallet.com/article/finance/goodwill-letter
- https://www.stepchange.org/debt-info/debt-collection/can-debts-be-sold-on.aspx
- https://www.citizensadvice.org.uk/debt-and-money/template-letters-to-creditors/Request-to-write-off-a-debt---letter/
- https://www.solosuit.com/posts/eleven-word-phrase-stop-debt-collectors
- https://www.consumerfinance.gov/ask-cfpb/should-i-share-personal-information-with-a-debt-collector-en-2098/
- https://upsolve.org/learn/debt-validation-verification-letter/
- https://www.nolo.com/legal-encyclopedia/debt-validation.html
- https://www.consumerfinance.gov/ask-cfpb/how-do-i-tell-if-a-debt-collector-is-legitimate-or-a-scam-en-1699/
- https://www.thebankruptcysite.org/resources/should-i-ignore-a-debt-collectors-calls-and-letters.htm
- https://smallbiztrends.com/2023/10/collection-letter-template.html
- https://www.solosuit.com/posts/how-long-respond-debt-validation
- https://www.equifax.com/personal/education/credit/report/articles/-/learn/how-long-does-information-stay-on-credit-report/
- https://en.wikipedia.org/wiki/Debt_relief
- https://www.kotaksecurities.com/share-market/what-is-debt-trap/
- https://www.consumerfinance.gov/ask-cfpb/what-information-does-a-debt-collector-have-to-give-me-about-the-debt-en-331/
- https://www.thebalancemoney.com/sample-debt-validation-letter-for-debt-collectors-960597
- https://www.nerdwallet.com/article/finance/debt-validation-letter
- https://bell-law-kc.com/how-to-prove-a-debt-is-not-yours/
- https://guides.sll.texas.gov/debt-collection/know-your-rights
- https://www.moneymanagement.org/blog/understanding-the-statutes-of-limitations-on-debt
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/know-your-rights-with-debt-collectors/
- https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-when-a-debt-collector-contacts-me-en-1695/
- https://www.thebalancemoney.com/debt-validation-requires-collectors-to-prove-debts-exist-960594
- https://www.lawinsider.com/dictionary/debt-document
- https://www.nerdwallet.com/article/finance/how-to-deal-with-debt-collectors
- https://www.moneylion.com/learn/debt-after-7-years/
- https://www.texasattorneygeneral.gov/consumer-protection/financial-and-insurance-scams/debt-collection-and-relief/debt-collection-scams
- https://wallethub.com/answers/cs/how-to-remove-collections-from-credit-report-without-paying-2140646704/
- https://www.recoverdebt.my/blog/proof-of-debt/
- https://upsolve.org/learn/happens-dont-pay-collection-agency/
- https://www.nolo.com/legal-encyclopedia/debt-collection-defense-requiring-that-the-collector-document-the-debt.html
- https://www.consumerfinance.gov/about-us/blog/holding-debt-collectors-responsible-for-false-statements/
- https://whlawoffices.com/blog/things-debt-collection-agency-cant-do/
- https://www.lexingtonlaw.com/blog/credit-101/what-is-609-letter.html
- https://www.usatoday.com/money/blueprint/debt/what-is-a-debt-validation-letter/
- https://www.consumerfinance.gov/ask-cfpb/what-can-i-do-if-a-debt-collector-contacts-me-about-a-debt-i-already-paid-or-dont-think-i-owe-en-1403/