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When writing the letter, request that the collection agency or creditor provide you with:Documentation that you owed the debt at some point, such as a contract you signed.How much you owe and the last outstanding action on the debt, which can be shown by documents such as the last statement or bill.More items...?
It's generally a good idea to send the letter by certified mail. Also, if you pay for a "return receipt," you'll have proof the debt collector received your letter. You can also fax the verification request to the debt collector and save the fax receipt as proof.
In dismissing a putative class action under the Fair Debt Collection Practices Act (FDCPA), the Court held that a debt collector may place the validation notice in the body of an email serving as the initial communication with the consumer without having to comply with the Electronic Signatures in Global Commerce Act (
When asking for proof, remember these tips:Always put your verification request in writing.Ask the debt collector to respond to you in writing.Ask the collector to verify the original amount of the debt that is still owed and any interest, late fees, and collection fees.More items...?
Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.
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. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.
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.