Pursuant to 15 USC 1692g (Sec. 809 of the Federal Debt Collection Practices Act), a debtor is allowed to challenge the validity of a debt that a collection agency states you owe to the creditor they represent. Use this form letter requires that the agency verify that the debt is actually the alleged creditor's and owed by the alleged debtor.
Illinois Letter Denying that Alleged Debtor Owes the Amount of Finance Charges, Interest or Penalties being Charged on the Alleged Debt and Requesting a Collection Agency to Validate that Alleged Debtor Owes these Charges
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How to fill out Letter Denying That Alleged Debtor Owes The Amount Of Finance Charges, Interest Or Penalties Being Charged On The Alleged Debt And Requesting A Collection Agency To Validate That Alleged Debtor Owes These Charges?
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FAQ
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
Many debt collectors would like to charge interest on a charged-off debt, but courts in Illinois have recently ruled against collectors who do so. If you have purchased a charged-off debt, you risk violating the Fair Debt Collection Practices Act if you charge interest on the debt without authorization.
How to Write a Debt Verification LetterDetermine the exact amounts you owe.Gather documents that verify your debt.Get information on who you owe.Determine how old the debt is.Place a pause on the collection proceedings.
While a debt validation letter provides information about the debt the collection agency claims you owe, a verification letter must prove it. In other words, if the collection agency doesn't have enough evidence to prove you owe it, their hands may be tied.
Debt collectors are legally required to send one within five days of first contact. You have within 30 days from receiving a debt validation letter to send a debt verification letter. Here's the important part: You have just 30 days to respond to a debt validation letter with your debt verification letter.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
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.
A debt validation letter is a letter a consumer sends to a debt collector requesting the debt collector validate a debt they are trying to collect. It is your first chance to assert your rights before debt collectors.
