Not every debt collector who contacts you is attempting to collect a legitimate debt. Sometimes debt collectors scam consumers into paying debts that aren't real or perhaps have already been paid.
The Right To Request Validation
Federal law gives you the right to request a debt collector provide proof that you owe a debt. It's the best way to ensure that you're not paying a debt you don't owe or a debt that the collector isn't authorized to collect on.
The debt validation request is time sensitive. You must make your request in writing within 30 days of the debt collector's initial contact with you. If you wait more than 30 days, your validation request may not be covered under debt collection law.
Your rights are not protected if you make your debt validation request over the phone. Don't worry if you don't know what to say in a letter; there's one below that you can use as a template.
Once you send a request for proof, also called a debt validation letter, the collector must stop collection efforts until they've sent sufficient proof of the debt. Itmeans they cannot call you, send you letters, or list the debt on your credit report.
How To Write a Debt Validation Letter
In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019." You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment.
Send your letter via certified mail, so you have proof of when the letter was mailed and received.
Debt Validation Letter Example
Re: Account Number
This letter is sent in response to [a letter/phone call]I received on [date you received the letter/call]. 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.
- Details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest; the date the original creditor claims this debt became delinquent.
- Whether this debt is within the statute of limitations and how that was determined.
Please also forward details about your authority to collect this debt: whether you are licensed in my state and if so provide the date of the license, name on the license, license number, and the license number, and the name, address, and telephone number of the state agency issuing the license. If you are contacting me from outside my state, provide the licensing information from your state as well.
Sincerely,
Your Name
The Debt Collector's Response to Your Validation Request
If the debt collector does not send you proof of the debt, any future collection efforts are in violation of the Fair Debt Collection Practices Act. Note that your account may be assigned or sold to a new debt collection agency. In that case, your validation request from the previous collection agency does not apply.
Otherwise, if the debt collector does send proof, determine whether or not the debt is within the statute of limitations, and then decide how you want to proceed. Paying the debt, takes care of the obligation for good. You may be able to negotiate a settlement for less than the full balance due. Finally, if the debt is outside the statute of limitations for your state, you can ignore the debt if you have no interest in paying it, but keep in mind that collection efforts can continue indefinitely.
Frequently Asked Questions (FAQs)
How long does a collector have to respond to a debt validation letter?
The law does not specify a time window for a debt collector to respond to a debt validation letter. However, the collector must cease collection activities until it responds to your letter and provides proof that you owe the debt.
When should I request debt validation?
If you are unsure whether a debt is valid, you should submit a debt validation letter immediately. By law, you have 30 days to request validation after you receive a collections request. If you wait longer than this, the debt collector is not obligated to respond to your request.
FAQs
I am writing this letter to bring to your notice the following information added to my credit report. The [dispute item] along with the [creditor's name] are falsely added to my credit report without my prior knowledge. The mentioned details are incorrect and I request you to revise the report after due diligence.
How do I write a letter to dispute a collection letter? ›
If you write a letter, instead of using the tear-off form, the debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or ...
What is the best reason to put when disputing a collection? ›
You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.
How to write a response letter to a debt collector? ›
Dear debt collector, I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.
What is the 609 loophole? ›
Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.
How do I dispute a collection and win? ›
How do you fight a collections agency and win? If a collections agency is trying to collect a debt you don't owe, your best course of action is to gather information about the debt and send a dispute letter immediately asking for debt validation. This is sometimes enough to stop the collections process.
What is the 11 word phrase to stop debt collectors? ›
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.
How to write a debt forgiveness letter? ›
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. Thank you for your help and I look forward to hearing from you.
How to get out of paying a debt collector? ›
What to do if you can't pay your debt collector. If your debt is sold to a debt collector, but you are ultimately unable to pay, your best course of action is to contact a nonprofit credit counseling agency or seek legal aid, as the collections process can be lengthy, complex and expensive.
What is the best excuse to dispute a credit report? ›
Other things you can dispute include:
- Payments reported late that were actually on time.
- Accounts that aren't yours.
- Inaccurate credit limit/loan amount or account balance.
- Inaccurate creditor.
- Inaccurate account status, for example, an account status reported as past due when the account is actually current.
You may also report your complaint to the FTC. The FTC enforces the federal Fair Debt Collection Practices Act, which prohibits abusive, unfair, or deceptive debt collection practices. You may also report your complaint to the CFPB, which may forward it to the company and work to get you a response.
Can you dispute a debt if it was sold to a collection agency? ›
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
What not to say to debt collectors? ›
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.
What is a creditor legally required to do if you dispute a debt? ›
Make sure to send the dispute letter within 30 days. Once the collection company gets the letter, it must stop trying to collect the debt until it sends you written verification of the debt, like a copy of the original bill for the amount you owe.
What makes a collection letter effective? ›
Legal Collection Letter
It clearly identifies the debtor and the outstanding debt, presents facts and evidence supporting the debt, and specifies a due date for payment. It provides contact information for further communication, including legal representation if applicable, and conveys the seriousness of the situation.
What should I say to dispute on my credit report? ›
Your letter should clearly identify each item in your report you dispute, state the facts, explain why you dispute the information, and request that it be removed or corrected. You may want to enclose a copy of your credit report with the items in question circled.
What do you say when you dispute a hard inquiry? ›
What to do:
- Contact the creditor responsible for the hard inquiry. ...
- Explain that you believe there is an error on your credit report and request that they remove the inquiry.
- Share accurate details about the incorrect hard inquiry, such as the date of the credit check.
The letter should say you're disputing errors and should include: your complete name and address; each bit of inaccurate information that you want fixed, and why; and copies (not originals) of documents that support your request. Many businesses want disputes sent to a particular address.
