write a certified letter like the following
Month Day, 2007
This letter is being sent to you in response to a notice sent to me on Month Day, 2007
. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
• Prove the Statute of Limitations/UCC has not expired on this account
• Show me that you are licensed to collect in my state.
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that your offices make no telephone contact to me at my residence or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Some interesting reading for anyone risking or facing a lawsuit from debt buyers.
Read these collection attorneys' own statements. They know they can’t prevail in the absence of default judgments or summary judgments (where a person admits sufficient facts.) Fight them in court,, they’ll have to fold.
I’m posting this information because these debt buyers are making a mockery of the judicial system. Courts are supposed to settle legitimate disputes, not be a forum for 2 cents on the dollar stick-up artists with law degrees stealing 150% of your money. There is a reason these within SOL accounts sell for pennies on the dollar. There is NO documentation on these accounts.
“However, there are law firms that are cautious about buying debt and question the efficiency with which lawyers can collect on such paper. “We represent companies that buy debt, but it’s not as good a field as it might seem,” says Gerald S. Levy, director of operations at Wexler & Wexler in Chicago. He says debt buyers often don’t obtain enough background on the debtors, which makes collections more difficult. Substantial information is not in debtors’ files, Levy says, and if they dispute the debt, the law firm has to drop the claim.”
“Neil Spector, a partner in Tampa, Fla.-based Kass, Shuler, Solomon, Spector, Foyle & Singer PA (formerly Kass Hodges PA), agrees. “Purchased debt is typically older than that gotten directly from the original creditor, and documents are harder to get for litigation,” he says. Because the debt is older, address information on the debtor may be outdated, so skip tracing services must be employed, adding cost”
Some collections law firms take a hands-off approach to purchased debt. “We refuse to represent people who purchase debt because there are significant risks beyond those for representing regular creditors,” says I. James Frankel, chief executive officer of Kramer & Frank PC in St. Louis. Some of the problems with serving purchased debt include lack of proper documentation, history of the claim, and personal knowledge of the creation and record keeping for the loan. “Sometimes,” he says, “you can make demands on debt that is already paid or the people are in bankruptcy, both violations of the Fair Debt Collection Practices Act.”