Nevada Second Letter Requesting a Collection Agency to Validate a Debt that You Allegedly Owe a Creditor

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Multi-State
Control #:
US-DCPA-21.5BG
Format:
Word; 
Rich Text
Instant download

Description

A debtor can challenge the validity of a debt that a collection agency states is owed to the creditor they represent. This form letter requires that the agency verify that the debt is actually the alleged creditor's and owed by the alleged debtor.
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FAQ

The name of the creditor. The assumption that the debt will be valid unless you dispute it within 30 days. Notification that you can request verification of the debt within 30 days. Notification that you can request the name and address of the original creditor within 30 days2feff

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.

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...?

It is important to send your debt validation letter via certified mail because: You'll have proof of delivery with a time stamp and the debt collector can never claim gosh, we never received your debt validation request. You'll get their attention because only serious documents are sent via certified mail.

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.

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.

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.

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 (

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.

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Nevada Second Letter Requesting a Collection Agency to Validate a Debt that You Allegedly Owe a Creditor