This letter can be used to dispute a debt collection that you aren't sure about.
Not every debt collector you speak with is attempting to collect a legitimate debt from you. Consumers are sometimes duped into paying debts that aren't real or have already been paid by debt collectors.
The Right to a Validation Request
Under federal law, you have the right to ask a debt collector to provide proof that you owe a debt.
It's the best way to make sure you're not paying a debt you don't owe or one for which the collector isn't authorized to collect.
The debt validation request must be completed within a certain amount of time. Within 30 days of the debt collector's first contact with you, you must submit your request in writing. Debt collection law may not cover your validation request if you wait more than 30 days.
Your rights are not protected if you request debt validation over the phone. If you're unsure what to say in a letter, don't worry; there's one below that you can use as a template.
When you send a request for proof, also known as a debt validation letter, the collector is required to stop collecting until you send enough proof of the debt. It means they won't be able to contact you, send you letters, or report the debt to the credit bureaus.
What Is a Debt Validation Letter, and How Do I Write One?
Mention the date and method of the first contact in the letter, such as "a phone call received from your agency on April 25, 2019." You must also include a statement stating that the debt is being validated. Make no mention of payment or admit to owing the debt.
Please send your letter certified mail so you can prove when it was mailed and when it was received.
Re: Account Number
This letter is in response to [a letter/phone call] that I received on [the date you received the letter/call]. I'd like you to verify this debt for me.
Please send the information listed below:
The original creditor's name, address, account number, and amount owed should all be included.
Verification that my claim that I am obligated to pay the current amount owed is based on a valid basis.
Details about the debt's age and amount, including a copy of the original creditor's most recent billing statement; a detailed explanation of any interest added or payments made since the most recent billing statement, including the legal authorization for this interest; and the date the original creditor claims the debt became delinquent.
Please also note whether or not this debt is subject to the statute of limitations and how that determination was made.
Please also send information about your authority to collect this debt, including whether you are licensed in my state and, if so, the date of your license, your name on the license, your license number, and the name, address, and phone number of the state agency that issued the license. If you're contacting me from outside of my state, please include your state's licensing information as well.
Sincerely,
Your Full Name
Your Validation Request and the Debt Collector's Reaction
Any further collection efforts are in violation of the Fair Debt Collection Practices Act if the debt collector does not send you proof of the debt. It's important to remember that your account may be assigned or sold to a different debt collection agency. In that case, your previous collection agency's validation request isn't applicable.
If the debt collector does send proof, check to see if the debt is still valid, and then decide how to proceed.
Paying off a debt eliminates the obligation for good. You might be able to settle for less than the full amount owed by negotiating a settlement. Finally, if the debt is outside of your state's statute of limitations, you can choose to ignore it if you don't want to pay it, but keep in mind that collection efforts can last indefinitely.
Most Commonly Asked Questions (FAQs)
When a debt collector receives a debt validation letter, how long does he or she have to respond?
The law does not specify a debt collector's response time to a debt validation letter. On the other hand, the collector must stop collecting until you respond to the letter and provide proof that you owe the debt.
When should I submit a debt validation request?
If you have any doubts about the validity of a debt, you should submit a debt validation letter right away. After receiving a collection request, you have 30 days to request validation under the law. The debt collector is not obligated to respond to your request if you wait any longer.