If you have received a call or letter from a debt collector, your first step is not to pay—it is to validate. Under the Fair Debt Collection Practices Act (FDCPA), you have 30 days from the initial contact to request proof that the debt is valid and that they have the legal right to collect it.
Often, debt is sold and resold so many times that the current collector lacks the original paperwork. If they cannot validate the debt, they legally cannot collect it.
The Template
Copy the text below into a Word document or email. Replace the bracketed [Bold Text] with your specific information.
To: [Collector Name]
Address: [Collector Address]
Re: Account Number [Account Number]
To Whom It May Concern:
I am writing to request validation of the debt referenced above pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692g.
I dispute the validity of this debt. Please provide verification of the following:
1. The name and address of the original creditor.
2. The amount of the debt asserted to be owed.
3. Verification that you are licensed to collect debts in my state.
Until this debt is validated, please cease all other communication regarding this matter. If you are unable to provide this validation, I request that you remove this item from my credit report immediately.
Sincerely,
[Your Name]
[Your Address]
How to Send (The Checklist)
Sending this letter correctly is as important as the text itself. You need a paper trail.
Print 2 Copies
One for them, and one for your permanent files. Never send your only copy.
Send via Certified Mail
Go to the post office and request "Certified Mail with Return Receipt Requested." This provides legal proof that they received your dispute.
Wait 30 Days
They have 30 days to respond. If they verify the debt, you can then negotiate. If they fail to respond, they must legally cease collection efforts.
Disclaimer: MoreThanBankruptcy.com is not a law firm. This template is for informational purposes only and does not constitute legal advice. If you are being sued, please consult an attorney.