There are many debt validation letters floating around on the web that are ridiculous – I used to have one posted on here. Mailing out a debt validation letter (registered mail of course) simply means you are requesting for the collection agency to prove that they have any legal authority to collect on this debt and that you owe it. Found below is a sample debt validation letter of an accused debtors request for validation of debt from a collection agency.
The Fair Debt Collection Practices Act doesn’t apply to original creditors such as Bank of America, Citibank, Capital one, and Discover Card. A validation letter is used when the original creditor has sold or assigned the debt to a collection agency. It is important that you make sure this collection agency has the legal right to collect this debt. If they can’t prove they possess the legal right then the debtor doesn’t pay. A debt validation letter will also buy you some time. The collection agency is not allowed to pursue the debt while it is being disputed. Other articles at DebtPrison.net you may want to review are:
Get Everything in Writing: Collection Agencies and Their Lies
How to settle your debts on your own
Can you go to jail for not paying your credit card debt
How to deal with collection agencies
The validation process is outlined in the Fair Debt Collection Practices Act so you should take the time to read it. In this Act it states that the collection agency is only required to supply you with the name of the original creditor and the amount of the debt. However, if you are sued in civil court by a collection agency, you certainly have the right to request a copy of the original contract (which you signed) that indicates you ever entered into a financial agreement with the creditor. For an example of this defense please see DP reader wins civil suit against collection agency. If they fail to provide this ‘proof’ of contract, the judge will likely dismiss the case.
If you need immediate advice on bankruptcy or debt settlement, then please call 877-231-4384. This is a toll-free number. A representative will help evaluate your financial problems for free and can even connect you with a local attorney. You can also fill out our free bankruptcy evaluation form by clicking here.
You should consider requesting Debt Validation in the following circumstances:
The debt is past the Statute of Limitations.
You have no knowledge of the debt.
The dollar amount they claim you owe appears higher than it should.
The debt is disputed (you don’t feel you legally or morally owe it).
The debt is on its second, third, or forth collection company.
The debt is over $1,000.
Bear in mind that unless you are willing to record phone conversations, hire a lawyer, and sue a collection agency… it may prove wise to simply ignore their phone calls and letters. But what if they take me to court to try and acquire a judgment? For a collector to actually file a suit against you in civil court, they are most likely betting that they have the information they need to prove you owe them, or that you are not informed enough to know your rights. For many people who choose to ignore them – the debt gets passed on to another collection agency. Yes they will threaten legal suit, but unless you receive a summons for court, it’s nothing more than a threat.
A collection agencies initial letter to you should indicate the original creditor and the dollar amount you owe. If your name, original creditor, or dollar amount appears incorrect you may want to consider debt validation. However, debt validation is not simply a means of getting out of paying your debts. In fact, a debt validation letter will draw attention to your account. Therefore, if you owe the debt, you may be better off simply ignoring their calls and letters. Whether or not this is a good idea will depend on many factors. You should use debt validation only when necessary. Since you probably don’t know anything about the collection agency… you won’t know if they:
Don’t have legal representation in your state in which to represent the collection agency in civil court.
Don’t have a track record of suing debtors.
Don’t have a track record of winning judgments.
If you plan on long and intensive deliberations with collection agencies you may want to consider purchasing a phone conversation recorder. You want to make sure that it’s legal to record phone conversations in your state. Also, if recording the call I would inform the collector they were being recorded only if my state law requires me to. Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Many collection agencies send out a letter to everyone that reads the same. They like to get debtors on the phone so they can intimidate, confuse, lie, manipulate, and harass you into payment. Therefore do not talk to these bill collectors on the phone. If you haven’t received a collection attempt letter and a collector calls you… tell them to hold while you get a pen and paper. Ask for the persons name, company name, and address. You want to write these down so you can investigate their company using google or another internet search engine.
After getting the collector’s name and company, inform him/her that you must receive correspondence from them via mail (they have to mail you a letter defining the debt) and that you are not at liberty to discuss this matter over the phone. Don’t give them your address or any other information over the phone. Tell them you will be awaiting their letter and not to call back. Promptly hang up and don’t speak with them again on the phone. All future correspondence should be via mail. If your only desire is to stop the phone calls you should send a ‘Limited Cease and Desist Letter’. This means you are still permitting them to contact you, however, it is only allowed via mail – no phone calls.
Limited Cease and Desist Letter
Your name
Your address
Beehive Collection Agency
458 St. Claude
Suite 103A
New Orleans, LA 70062
Today’s Date
Re: Account # XXXX-XXXX-XXXX-XXXX
Dear Collection Representative,
I would like to request, in writing, that no telephone contact be made by your offices to my home or to 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 documented and considered harassment. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.
Best regards,
Your Name
What is Debt Validation?
Debt validation can only be applied to a collection agency - not the original creditor. For example, you have a credit card account with Capital One that is in default. You cannot ask Capital One to validate the debt. This is because you have been essentially receiving validation from them already in the form of monthly billing statements. However, you can and should under the above mentioned circumstances, ask any collection agency or ‘law firm’ to validate the debt in writing (that they claim you owe).
How do you know that this so-called collection agency isn’t actually just a group of scam artists who randomly call people using the phone book. They just keep calling saying that “Yes Mrs. Smith we are a collection agency trying to collect on a debt of $2,000. How soon can you make a payment?” If they are lucky you will volunteer some information, which enhances their story, and now you think a debt with Sears is actively being collected by these folks on the phone. This could never happen could it?
When you ask a collection agency to validate a debt, you are asking them how much money is owed and to whom it is owed. So the collection agency should send you a response letter that would state something like “you owe $2,800. The creditor or original creditor is/was Bank of America. We are representing Bank of America in an effort to collect on this debt.” Often you will receive a similar letter in the first place. This is how collection agencies begin the collection process (collection letter and phone calls).
The validation process
If you receive a phone call from a collection agency you should follow these instructions:
* Deny any knowledge of the debt.
* Grab a pen and write down the name of the collection agency and their address.
* Inform the collector that they will be receiving a validation letter in a few days and not to call back (then hang up immediately). If they call back don’t answer.
* Immediately write this letter and mail it out (snail mail).
* Send the letter as a registered letter so they have to sign for it and you’ll get a receipt showing where they signed for it.
* Paperclip the registered letter receipt to a copy of the letter and never lose it.
Now if they respond to your letter and the information appears to be correct (you honestly owe the money) you should contact the original creditor to verify that they assigned this debt to said collection agency. Or they may tell you that they sold the debt to a collection agency. You want to insure that this collection agency legally possesses the authority to collect on this debt.
Sample Debt Validation letter:
Date
Your Name Address City, State Zip
Debt Collector’s Name Address City, State Zip Re: Account Number
Dear Debt Collector:
I am writing in response to phone call/letter received from you on date xx/xx/xx. Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.
Sincerely,
Your Name
There’s no need for you to threaten to sue the collection agency or to ask for a long list of crap that they aren’t required to provide for you under the FDCPA. Their failure to provide you with a long list will not make you judgment proof when you stand in front of a judge. However, you can request a copy of the original contract with your signature. You can wait until the day of court to pull this ace from your sleeve if you’d like, since most lawyers representing the collection agency likely won’t have a copy of the original contract on them the day of court. This can postpone their case or their failure to produce such a contract can result in the case being thrown out by the judge. Much will depend on the judge and his interpretation of the facts and your character. Or you can request a copy of such contract in your intial debt validation letter. This will let the collection agency know that you know your rights and won’t be a ‘roll-over’ debtor who simply coughs up cash.
After you receive the collectors response letter
If you further wish to dispute the debt write another letter immediately. If you’d like you can basically repeat the first letter, but state that this is the second time you have asked them to validate and their initial response was insufficient and the debt is still disputed “please provide me with the following information.” Tell them they have 30 days to respond to this letter or their claim will be considered invalid.
Or you may actually not owe the money. In this case immediately respond stating that their claim is disputed “you do not owe the money because etc, etc…” Then explain that they should dismiss this claim entirely and not report it to credit reporting bureaus. Failure to comply will result in you filing suit against their company. Send this letter registered, print an extra copy, and paperclip the receipt to the copy. Save these items – never lose them. When I say never I mean never. Keep em locked up tight.
If the collection agency fails to properly validate the debt after two request I would write a letter like the following:
Beehive Collection Agency
458 St. Claude
Suite 103A
New Orleans, LA 70062
Today’s Date
Re: Account # XXXX-XXXX-XXXX-XXXX
Dear Collection Representative,
Not only is this debt legally disputed, but you have been unable to validate this debt as described under the FDCPA. Therefore, I obviously do not owe you any money of any kind. I would like to request, in writing, that no telephone contact be made by your offices to my home or to 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 documented and considered harassment. I also expect all collection letters of any kind to promptly end. As my rights indicate under the law, I have the right to demand you stop harassing me about this bogus debt. This includes all phone calls and letters. Any further communication with me, will be documented, and forwarded to the FTC as well as your State Attorney General. Please note that this letter is being sent to you registered mail. I am keeping a copy of this letter with the return receipt attached.
Best regards,
Your Name
Remember – if you feel intimidated by this process and have some change to spare, go visit a local lawyer in your town who you trust. Ask for one hour of legal counseling and make sure to speak with a lawyer who specializes in civil court cases.
Often the Debt Validation Letter will result in the collection agency dropping the claim or selling it to another collection agency (because they can’t properly validate the debt). If they drop the claim that should be the end of it. Or they may sell the debt to another collection agency and this process starts all over again. If they report incorrect information to the credit reporting bureaus go online to the websites of Experian, Transunion, and Equifax. Follow the instructions for filing a dispute. You would want to see the outcome of this dispute before seeking legal counsel.
If you have any questions or comments just drop me a line below. Remember that the best way to handle collection agencies is to read the Fair Debt Collection Practices Act and continue reading online about other’s personal experiences. Take care and I hope this article helps!
A Debt Validation Letter for a debt you do not owe
Collection Agency Name
Street Address
City, State, Zip Code
Re: Dispute of Alleged Collection Amount
Account: Account Number
Amount: Dollar Amount
Creditor: Name of Original Creditor
Attention: Account Manager
It has been brought to my attention that you are attempting to collect on an account that is in legal dispute. Therefore, please consider this response as my legal dispute and request for you under public law 95-109, 15 USC 1692g. S 809 to obtain verification of this alleged debt or a copy of a judgment against me. I furthermore request the name and address of the original creditor stating that this alleged liability is mine so that civil action can be implemented to resolve this erroneous accusation, if necessary.
Any further attempt to collect and/or continue to falsely report this disputed information on my personal credit file without complying to the above stated provisions will be deemed as non-compliance and you will be held liable under 15 USC 1692 (k) (civil liability) to one or more of the following:
All actual damage sustained by a consumer as a result of such failure;
(A) Included above, additional damages allowed by the court, not exceeding $1,000; or
If a class action is filed, such amount for each named plaintiff, recovered under subparagraph (A) of the stated Title, and an amount not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
All cost accrued by the consumers’ successful action to enforce the foregoing liability, along with attorney’s fee.
It is my intention to resolve your inaccurate reporting of this activity contained on my file amiably. However, rest assured I would pursue all legal rights therein to resolve this matter.
If this liability is proven to be due, it is my intention to retire it immediately. I look forward to your response within the next 30 days. Thank you for your cooperation.
Sincerely,
Your Name
Your Address
Debt Validation Letter for bogus Medical Service
Your Name
Your Address
Name of Collection Agency
Collection Agency Address
RE: (Original Creditor)
Account#: (put acct # here)
Amount Due: (dollar amount here)
Dear Collection Representative,
I have recently been made aware of an account that has been placed with your office for collections. Please be advised that I am unaware of ever having an account with the above mentioned creditor and dispute its validity. Therefore, please provide me with a copy of the itemization along with any documents I personally signed which would in any way obligate my responsibility for payment. I expect that this information will be sent to me within the next 30 days. If you fail to send the requested information within this timeframe, I will assume that this account will be deleted from all credit files will all credit reporting agencies and all collection efforts will cease.
I look forward to hearing from you so we may resolve this matter amicably.
Best regards,
Your Name
Here’s a follow up debt validation letter after 30 days have passed
Your Name
Your Address
Name of Collection Agency
Collection Agency Address
Attention: Collection Manager
RE: (Original Creditor)
Account#: (put acct # here)
Amount Due: (dollar amount here)
Dear Collection Representative,
This letter is to inform you that it has been over 30 days since my initial request for documentation (see enclosure) of validation for this account. As of this date I still have not received the information requested. Furthermore, I have been informed by the credit reporting agencies that your company continues to confirm this account as correct and owing. As you have not followed through with my previous request, I assume this account will now be removed from my credit report, as the law requires. Furthermore, please be advised that if you do not remove this account and notify me immediately in writing of your actions, I will not only file a formal complaint with the FTC, but also with the Office of Consumer Affairs and possibly seek legal counsel to determine what other actions I may take.
I look forward to hearing from you.
Best regards,
Your Name
Protect your family — let a bankruptcy lawyer help you explore whether Chapter 7 bankruptcy or Chapter 13 bankruptcy will offer you the most financial clarity. The first step to financial renewal is completing this free evaluation form.
Related Articles
* The Fair Debt Collection Practices Act
* Reasons not to file Bankruptcy or Settle Your Debts
* Can you go to jail for not paying your debts?
* How to settle your debts on your own
* How to deal with collection agencies
* Sample Debt Validation Letter
* Information on Credit Card Balance Transfers
* How I Escaped Credit Card Debt
Question, I have been getting call from a Collection Agency in regards to payment on a phone bill from about 12-15 years ago. I know I closed my account with the phone co as I moved and no longer needed a land line. I never received anything from the phone co saying I owed them money and since that time Pac Bell is no longer in business. Also the amount that they say I owe keeps going up (they say its an account that can add intrest something like that) Any suggestions as to how I can get them off my back? I mean after this amount if time I no longer have any of my paperwork from when Iopened my account with pac bell.
Thanks!
Hi Debt Prison,
Great site you’ve got here.
My issue: harassment by collection agency that has my number because I agreed to be a “message phone” for a friend who has no phone when I took him to the ER. Problem IS NOT just the numerous and excessive calls (daily, up to 6 per day according to caller ID), but the fact that my friend qualified for financial hardship with the hospital and they also used my number to leave a message stating they received the hardship forms and his letter, and not to worry about the bill as it was adjusted off. Now, over a year later, I am getting several calls a day. After I relayed the message with the good news that he was not to worry as the hospital accepted the financial hardship request, I deleted the message (although I noted date and time of call from caller ID as well as phone number).
How can I stop the calls (I tried to block the # but they use other #s now)?
AND
Is it even legal for them to try to collect on a debt that was written off? (but perhaps sent to them in error)
Thanks much!
I’ve read that collections on behalf of a parking department don’t have to validate or follow normal FDCPA guidelines. Our local sheriff has outsourced their parking disputes to an out of state agency that has jumped the gun and sent a collection letter to me (at an old, wrong address) while I’m still attempting to dispute the ticket. I was really just trying to get my day in court but they make it impossible to do so and have gone directly to the collector, claiming I responded outside their vague deadline.
Can such an agency be forced to validate their debt? (California)
hello i have wriiten a letter of validation to a CA, but i did not have the complete account number so in the letter i wrote what i had for the acct# and also my full name. they wrote back with a letter stating they need more information to validate my request such as original crditors acct #, name of the original creditor and address. isnt is the CA responsiblity to show me proof of that information or atleast know about it. if they truly own the debt? so what do i need to do?
Hi, I was recently contacted by a “litigation” company that claims they will be taking further action and I should be expecting a summons soon for a payday loan that I didnt pay. When I asked for the address of their company they said that they could not give out that information for security reasons. I then asked for a mailing address and they again refused to give me one. The person I spoke to was insistant on me making a payment so that they could stop their “further actions” but when I asked if they could mail me something with the payment amount and arrangements they denied the request stating that they do not mail out letters because I could possibly alter the document and use it against them in court.
My question is does this company have the right to not give me their address or any address for me to contact them and second, can they refuse to send me anything in writing?
If there is a collection agency pursuing a debt and they show twice on your credit report with just one or two numbers added to account number is it best to send two seperate debt validation letters??? or just one with both account numbers????
I received a summons in Montgomery County, MD today with a trial date of 11/16/11. My Best Buy debt was sold to Asset Acceptance LLC. I have 15 days to file notice of Intention to Defend. Included in the summons is:
1. Military Service Affidavit saying I am not in the military.
2. Notice to Defendant Before Trial
3. Notice if Judgement is entered
4. Notification of Stay of Proceedings Under 50 USC App 521 and 522
5. Statement of Case
6. Affidavit of Account
7. An exhibit from Retail Services referencing Best Buy with the Summary Dates and charges (Looks like Retail Services sold this to Asset Acceptance)
8. An Interest Worksheet
Questions:
1. What should I state as my Explanation of Defense?
2. Should I send them a DV Letter now or wait and ask for proof of debt when I get to court?
3. Should I try to settle with them in advance of court?
4. SOL in MD is 3 yrs. On the exhibit there is a Due Date of 4/26/09. I believe the last activity on this account was prior to that date and could possibly be close to the SOL but I am not sure. Plan to send for Credit Report to see if that sheds some light.
Would very much appreciate your counsel. Could you send to my email?
I live in New York with a statute of limitations of 6-7 years, I received a letter from Debt Recovery 30 days ago, received my validation documents today in the mail and the debt is from 2002 for an old home phone. Since this debt is over the statute of limitations, can the still legally collect? What letter to do I send them next indicating that this debt is 9 years old? Funny thing is is that it isn’t showing on my credit report.
I been checking my credit report on zendough.com i check my credit today and it shows an account that was not there before… I NEVER received a bill from this company and now its been reported… How do i handle this….
PLEASE HELP
I have numerous unsecured credit card account which I am paying off in small increments on a monthly basis; however I knew that there were still three accounts which had been sold-off by the original bank/credit card creditors to secondary debt collection agencies at a steep discount. i frankly was ignoring them and intending to address them when I was in a position to do so. Today I received a letter from a law firm requesting validation of the debt on one of these accounts with a 30-day time frame that is about past. Reference was made to the original creditor, who sold it off and the amount. Any thoughts on how to proceed ?
Statements are not enough to prove you owe the original creditor money.
They need to provide the original instrument of indebtedness to prove they own the loan.
In response to my request to validate the debt the collection agency sent me the bills from the original creditor. however these bills have the wrong mailing address on them (that is why i never seen them, never get them , and never could pay for them). i want to pay but since the mistake wasn’t mine i don’t want to pay the fees and want my credit history to be cleared what should i do?
I am dealing with collection agency that bought my debt from the original creditor.
Thank you
I owe a credit union $4300 for a personal loan. Now before all this it was a car loan for around 19,000. I sold the car to a dealership and they wrote a check for around 15,000 to the credit union. The credit union put the remaining balance into a personal loan for me to pay off. The reason for selling my car was that I was laid off for 3wks after getting the car and Ive been unable to find work for the past 3yrs. Ive been working under the table to pay for rent and have cash for food and such. They are are now suing me in small claims court for the remaining balance. I am still not working on the books and showing no income. What are my options and should anything worry me. Ive moved and changed my number and recently got the small claims court through my old landlord. I havent spoken to the credit Union but plan to do so if I get a summons to court. Also my vehicle is in someone elses name right now if they tried to take that. Thankyou for your time
An update regarding the April 24/25th foreign education loan collection attempt. The debt validation letter went unanswered from the collector and I have heard nothing from any other collector. The inquiry is sitting on my TransUnion file, and I am in the process of having removed. How very odd.
Can someone please tell what to do. After sending a validation letter to a collection agency and giving them 30 days to respond and they don’t. Now it’s almost 3 moths later and I receive a credit card statement. Is this valid and is there anything I could do?
I received a like the 3rd letter from CAC with a settlement offer but to pay 75% of a debt of more than $4,000. I haven’t answered letters or phone because was finishing another settlement and wasn’t able to afford another payment arrangement. Am I able to send the validation letter at this time or since I have just finished the other settlement I can call them and make an arrangement for payments since I can’t pay the amount they are requesting in full? I also understand this amount is higher than what I really owe to the creditors. What can I do in this case since this debt was referred to the collection agency on March-2011? Thanks!
I am writing because i got a phone call from a debt collection agent that i thought was the crreit beaurea itself. But come to find out they were a third party and before i know it i was making payment agreement to them. They call me again and i told them to sent me something in writing she said she was putting it in the mail right then. I have not gotten it yet. So they sent me the bill on a card, it did have the amount i owe, it did not have the person i owe and it waas sent in my husband . He did not make the agreement i did. Then i in turn sent them a letter registered mail wanting the to validate this debt i have not gotten a respond yet. So did i do the right thing are not. Look to your respond.
To Kathy below, Hayt, Hayt and Landau do have a lawyer on staff and WILL file suit on their collection accounts. A few years ago I had a credit card go to collections through them and I was eventually served with papers from my local courthouse regarding the debt. I also did a search on my local county court website (Palm Beach) and saw a lot of active cases and judgements filed and won by them in court. When I called them to make arrangements they tried to get me to allow them to automatically withdraw money from account but I refused. Instead I sent them a check every month according to the repayment agreement until the debt was paid off. I wouldn’t sign anything until you get the complaint from the court though and then you can make arrangements to repay within your means. Unfortunately when your daughter sent them the $1000 she reset the collection clock for the SOL, and she also validated the debt, something I myself wasn’t aware of until I sent through the process of cleaning up my credit. Also when you do make the payments you will not receive an invoice or receipt of payment through the mail. So you have to keep track of your balance and periodically call them to verify the amount remaining on their end. I actually ended up overpaying in the end and they issued me a check refunding the balance and then they promptly updated my credit report to reflect that the account was settled in full.
Help,
I have previously been paying on a debt that I owe since 12/18/2009. I had made an agreement via phone to pay the amount 210.00 until my debt was repaid. I have never had a issue until 12/18/2010 when the collection agency deciede that they would take 2 payments at the time i was nine mnths pregnant and became very angry as did my husband. I made contact with the agency and they gave me som excuse to why they took it. . . Since that time My husband and I have stopped payments to this company a number of times through our bank… Has that stop this company from trying to get there money nope the change names and check numbers to get there money. Thank God my bank pays close attention to detail each and everytime they do it they send it to fraud company for investigation…
My issue is that thus far 2,730.00 which is about 400.00 dollors less then the amount which we agreed upon to pay back…. Now this Mr. Evans calls my work threating me and my co workers calls my house leaves very stearn/harrassing messages telling me contract is null and void I must now pay full balance by such and such time and he is taking me to court… where di I go from here. Please help!
Hello-
I have an old Bank of America debt that has been charged off. It looks like the debt was sold twice and I’m now getting calls and and got a letter form a collection agency. They’re trying to recover about twice the amount I originally owed. After reviewing my credit report, I see that the date of my last payment to the original creditor was 3/2006 and the date of first deliquency was 4/2006. I’m not 100% when the account was closed, but I know I requested the account be closed around that same time. My state’s SOL is 5-years, which looks like has passed. Is that accurate? Should I respond to the collection agency’s letter with a validation letter or just ignore? Thanks for your help.
Help please! My daughter defaulted on a Chase credit card which, on her credit report looks like Chase has charged off, and is now owned by Equable Assent Financial, LLC (on credit report it says “Factoring Company Account-debt buyer”. The amount is around $8,000. She was called by a so called attorney’s office a few weeks ago and let them coerce her into sending them $1,000 and has now received a letter/payment agreement from them wanting to set up a payment plan she cannot afford and draft the money out of her account. The firm is Hayt, Hayt & Landau, PL in Miami (this is Florida by the way). She is a single mother also. After reading information on your site I was prepared to possibly send a validation letter to them but I don’t know if I should send it to Equable or the supposed attorney’s office. Even though they want to draft money out of her account it says to make checks payable to Equable and they have threatened to sue her. Could you please advise me? Thanks.
This is wrong on so many levels, it’s not even funny. For instance, to threaten suit is a violation and if they do and the alleged debtor sues, he will win.
Hello debt prison,
I have one bad debt on my report trying to clean up cause I want to buy a house. I HAD a collector trying to contact me. The letter i got from them is way higher then the original debt that I owe. Are they allowed to do that? Also im willing to pay just want to pay what I originally owe. I am gonna send them a validation of debt just to make sure that is the right debt. Anything else I should do?
thanks
Itook a small business loan in 1994. Revolving account. Loan was assigned to c-corp profitablee under the law of massachusettes. Corporate officers, me and wife signed it. Nothing else was asked at the time of loan except previous year tax return and official P & L statement from certified CPA. Beacause of health and many issues loan is not fully paid. Bigger bank take over the bank issued me a loan. I tried to negotiatewith new bank while continue to pay monthely payment. In 2008 I stop paying and bank start taking money out of wifes account because she had an account with the bank which was also take over by the same bank took over my original issuer. My wife tried to negotiate for haldf the payment regularly instead of what was taken out. Nothing happens. We got summons served by local sherrif. Summons mass attorney representing Ill based collection agency. Summons had home address was off by 4 number, wife name is butchered.
Where do I go from here/.
Chris,
Yes these days you need a good credit score for employment purposes. I don’t think there is a ‘quick’ solution to this problem. Here’s how I would begin.
First, I would file a dispute with the credit reporting agencies where the negative mark occurs. You can begin this process by going to http://annualcreditreport.com and taking a look at the three different CA’s that report on your credit. Next, I would file a dispute with the CRA if it shows this debt. The debt is past the SOL and they didn’t provide validation of the debt. I would try and remove it by basically saying that they don’t have the right to report that information.
Secondly, yes you can negotiate with them. But what if you do, and pay them, but they still leave these old negative marks on your credit? That doesn’t help you. And it’s very difficult to get them to hold up their end of the bargain.
So even if you get an agreement with them to repay a percentage of the debt in exchange for them removing the negative marks from your credit…. it may prove difficult to get them to do so. Here’s an article that addresses this situation…
http://debtprison.net/wordpress/170/collection-agencies-get-everything-in-writing/
It is difficult to get these folks to do what they say they’ll do…
So I would start with a dispute with the credit reporting agencies. If you decide to negotiate with the collector to pay, in exchange for removing the negative marks… then I would go ahead and hire an attorney to write letters and negotiate on my behalf. If they don’t hold up their end of the deal then you can sue them.
Barry
I have a company (CommonWealth Financial) that is reporting on my credit report but not trying to collect. The debt is past the SOL to collect but not past the SOL to report so I assume this is why they haven’t contacted me. However, the debt amount keeps going up ($500 in one month) and my credit score keeps going down. I’m worried that if I send them a debt validation letter they will start contacting me and trying to collect. I am in college and many of the jobs in my field require good credit so should I send a letter to them and attempt to take negotiate if its validated?
Ha… so nice…. ask for validation of the debt and go from there!
By the way…isn’t it nice when the reply comes on a different letterhead and none of the reference numbers seem to match. Gggrrrr.
Dave,
If you can’t pay off these credit cards why in the world would you even be concerned about your credit? Sounds like you haven’t learned your lesson yet. If you can only afford to pay the minimum then the best thing might be to stop paying them altogether. Ignore their calls and letters for a year then try and ‘settle’ the debt for pennies on the dollar. Meanwhile over the next year you should be saving money to settle the debts. You’ve got to build up some cash if you are going to get anything done with these collectors. I’d quit paying them if I wasn’t getting ahead and saw no new income in my future…. later on I’d settle. Anyway it goes it may hurt your credit. You can fill out this form and get free advice on bankruptcy.
http://debtprison.net/wordpress/free-evaluation/bankruptcy/
Eric,
When I took out my student loans there was a clause stating that there was no SOL on federally backed student loans. It stated that I would owe the money unless I became permanently disabled and could not earn income and had no assets. So you may well always owe the money and an sol may not apply. There’s a lot of funny business going around with student loans and I have not investigated how the laws work concerning their collection. In this case, I would seek legal advice from a lawyer familiar with debt collection.
Barry
Hello DP, quick question, my wife and i are paying on old credit cards that she had before i knew her, we pay and pay and it seems to only cover the interest. Since the items have been verified with the 3 credit agencies is there a way to get out from under these, or at least get them deleted so we can work on building our credit without credit cards?
What about the SOL and the dept of Education on school loans originally obtained in TN about 24, 23,22 21 and 20 years ago, consolidated to the Dept of Ed in NC about 2000? Mid 2010 they garnished my wages for about 6 months. I was subsequentially laid off and am now collecting unemployment. I didn’t hear anything from them for about 5 months. During that time my credit report said the dept of ed loan “wrote off” my debt. Now Progressive Financial is calling everyday with their computer calls. Can they legally pick up a debt that’s been written off? It was about 15,000 owned but they tacked on another 4,000 for an agency’s expense for making a few calls and sending a letter or 2 before they garnished my wages. Can the DOE do that? Can the new agency pick up a written-off debt? Does my SOL start from when the final consolidation take place or when the original loans were obtained? Thanks in advance for your help! This has been a very helpful site!
Ryan,
I removed your email address because your name shows up as a financial consultant (for a large company) under linkedin. I don’t know if that is you or not. If so you’re gonna have to try a little harder to get free advertising on my site.
Barry
I just wanted to say that anyone who is intimidated by the credit repair process they need to READ THIS PAGE. I don’t know who started this website or why he’s giving this info away for free but thanks to this page alone I’ve REMOVED 5 COLLECTIONS TOTALING $3176 OFF MY CREDIT REPORT. My credit score has gone up 40 POINTS in the last 90 days and I’ve even started my own credit repair business. Before I started this process I truly felt like I was in “debtprison”. Anyone who’s skeptical I can provide PROOF WRITTEN BY THE SAME COLLECTION AGENCIES I OWED APOLOGIZING FOR ANY INCONVENIENCE! Incredible. If you’re interested in cleaning up your credit email ***********@gmail.com today!
Thanks Roger,
I would also file an online dispute with the Credit Reporting Agency where the debt is indicated. For example, if it shows up on Equifax I would go to
https://www.ai.equifax.com/CreditInvestigation/
and begin the process of attempting to remove it from your U.S. based credit file.
Barry
Keep us posted, this is the first case like this one of which I’ve heard.
Hi Barry, thank you for you reply. In response to your questions:
“Was this a U.S. company who also does business in Europe?” – No.
“What type of debt is this and how much is owed?” – Education loan, approximately $5,000. But as this is a European company, the debt is not Federally backed, so doesn’t have all the particularly nasty restrictions as US education loans.
I am hesitant to ignore them as a collections file as already been placed on my credit report. I will follow the excellent advice on the website here and attempt to validate the the debt. Not only do I object to the debt, but I also, like you, question the legality of the collection process. Companies do apparently specialize in international collections, but under what legal framework, I’m unsure.
Thanks again. I’ll be happy to keep you posted on this should it move forward.
Roger,
This is the first I’ve heard of such a collection. Was this a U.S. company who also does business in Europe? What type of debt is this and how much is owed?
To my knowledge. There would be no way to legally collect such a debt. First, there would need to be a judgment against you locally…. for a credit agreement that was signed and issued in another nation. Then U.S. courts and local law enforcement would then be working for a debt collection that originated in another country. Without further information my first hunch is to say ignore them and see where it goes. But as far as I know, based on what you’ve told me… there would be no way to collect the debt. How could a U.S. court assume jurisdiction over a debt from another country?
Barry
Hi, interesting article. A question regarding jurisdiction… An international debt (Europe) is being collected, or has been purchased, by a company from IL. The alleged debtor now lives in KY. What laws are applicable? Do Federal and KY laws apply to the original agreement? Does the creditor have to abide by US Federal and KY state law now the alleged debtor resides in KY? Thanks!
JC,
I would ignore them for now. If the debt is past the statute of limitations, they may not have a leg to stand on in court. They also may not have legal representation in your state and may not be interested in hiring any. I’d ignore it for now.
Barry
Cdub,
The court should have mailed you a copy of the judgment. You need to contact the court and inquire about your case and if there are any judgments for you on file. You can also check your credit report at http://annualcreditreport.com
Barry
Jennifer,
The only other step you might take is to request any proof that this collector has the legal right to collect this debt. I would start by contacting the bank to see if he/she was assigned to collect this debt. Another step would be to write an additional letter requesting proof that the collector has the legal right to collect this debt. This would mean some type of letter/receipt indicating they have this right. Granted, this might not matter in court. The judge may not care about ‘real proof’ and simply declare that you owe the money to the collector. Just depends on the judge.
Barry
Hi,
I received a letter demanding for payment of a credit card debt which is way past due, almost 7 years now. In respond to that letter, I sent a register mail asking for validation and proof of SOL. They replied with a letter stating the original creditor and amount owed plus interest but nothing on the SOL or removal from the credit report. They also mentioned that I will NOT receive future communication from the collection agency. Should I just stop here? Please advise. Thank you.
My creditor is now suing me. I have been contacted by their lawyer. It is a debt I owe but am unable to make the payments due to me only working part time. We went to court and the judge made them recalculate the amount I owe because I did not agree to those high interest rates. They were charging me like 27% interest and the balance was like $5,000 and the initial credit card limit was only $1,500! I was kind of confused because after the judge told them to recalculate at a 7% interest rate, he dismissed us and I never heard anything from the court or the lawyer. Now the creditor is calling me again saying they have a judgement against me and I need to pay. She said the balance now is $4,025.07 that particular day and the interest rate is 7.5% daily which is about $.56 a day. I don’t agree with that amount and I’m skeptical to start making payments because I feel if I do then that’s saying I agree to that bogus amount. (Which I dont.) I still have yet to recieve anything in writing with my balance from the courts or the creditor. What should I do? Can I be arrested? Is there really a judgement against me?
I have a question about a validation letter. I received a bill from a collection agency regarding a closed bank account and sent them a validation letter. They sent me back copies of my bank statements (looked like the ones I can print off my computer) and a letter saying to send the money. Is that sufficient validation if they are to sue me or should I send another letter? Thank you
Hey Chris,
Well there are two things that you need. First you need to figure out what the statute of limitations is in your state.
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
http://www.fair-debt-collection.com/SOL-by-State.html
After reviewing the SOL for your state I would examine my credit report to see when was the last time I made payment.
http://annualcreditreport.com *** you can select Equifax, Experian, or Transunion.
If you have verbally agreed (over the phone) to make payments… then that can reset the SOL according to some judges.
Barry
I think your credit report would be a good place to start.
How can I prove that the SOL is up on a debt?
Thanks
If they did not respond I’d ignore them for now
First thing, thank you for providing this extremely helpful information and sample letters. Over 30 days ago I sent a certified debt validation request to First Nat’l Collection Bureau, Inc. for a debt that is past the statute of limitations. I have not received any additional phone calls or debt collection notifications from them in the mail. If I haven’t heard from them at all should I go ahead and send the 2nd request or hope that “no news is good news” and just leave it alone? The debt they are attempting to collect has not appeared on credit reports. ~Thank you!
I have a quick question. I live in NY and just received a letter from a Law Office in NY representing a creditor that is an assignee of Citibank. I do not remeber having a Citibank credit card and so I double checked my credit report and do not see them listed (and I have accounts from 1997). Should I ask them to validate this amount? Could this be past the statute of limitations?
Hey bowh,
I’d request documented proof that this law firm purchased the debt. If they can’t provide such a document, and it goes to court, you can tell the judge that you had an agreement with the credit card company – but did not have an agreement with this collector, and that they cannot provide any documentation indicating that they purchased the debt or have any legal standing on which to collect it. This may help you in the event it goes to court, and it may not, just depends on the judge.
I being taken to court by LVNV . The lawyer representing the collecting agency states I owe them for an account I had with a credit card company. I sent LVNV a letter requesting a debt validation letter but did not receiv a response.. No letter was received. I received a settlement letter from the lawyer. A copy of a credit application was sent with only my signed name. No original contract or completed credit application was sent. Also no letter from the original credit card company stating the credit card balance was sold to LVNV Funding. Should I request a validation letter from the lawyer. I did owe money to the credit card company but did not receive any documentation that the balance owed was bought
Hey Ann,
I would go ahead and request validation from this law firm.
I have a queston. I owe Capital One $857.02. I received a letter from Frederick J. Hanna and Associates, a law firm. It states that I have 30 days to validate my debt, and at this time no attorney with this firm has personally reviewed the particular circumstances of your account. Should I call Capital One and try to deal with them,or should I write a validation letter to the law office, or should I just ignore it?
It’s not about accepting responsiblity… it’s about NOT being harassed or lied to, when you CANNOT make the payments… for whatever reason. I never said NOT to communicate with one’s creditors, but I DID SAY to communicate with them via mail (this forces them to adhere to the law). Watch this video and you will understand why….
If you are dealing with the original creditor I do recommend talking with them, even over the phone and explaining to them why you cannnot pay. But when it comes to collection agencies, you don’t need to talk with them on the phone, because you are not dealing with honest people. If you want them to be honest, record the conversation, if its legal in your state, and inform them at the beginning of the phone call that the conversation is being recorded. But most folks don’t have a phone conversation recorder hooked up to their phone ready to go…
Not to mention bill collectors are highly trained at these types of conversations and you aren’t!!! If you don’t know your rights, under the law, when it comes to debt collection… then why would you talk to these vultures?
Where is the education that WE all need to be responsible and pay our obligations.
We can’t go back in time and raise everyones kids… if they ain’t learned that by age ten, chances are they never will.
Why is it that these sites consistenly tell consumers to avoid the calls? Where is the education that WE all need to be responsible and pay our obligations. I know that it is easier to always blame the collectors, but when will we accept our own responsibilies?
Yes they can sell the debt at any time as a transferable contract
I sent a debt validation letter to a company and they never validated the debt, I never heard another word from them, but the debt was sold to another debt collector. Can they do that?
Well the collection agency is saying that they are halting the collection attempt and not reporting to the CA but they cannot be responsible if other collection agencies do it. That’s what I think they are saying.
A quick question. If a Collection agency writes back to a person in VA and says it dropped the action but since that person “did not supply your social security number in your correspondence” the Collection Agency cannot be responsible for other companies not removing the collection from their records, is the Collection Agency accountable at all if the account remains on the person’s credit record? Whew….sorry about the sentence length.
By the way…isn’t it nice when the reply comes on a different letterhead and none of the reference numbers seem to match. Gggrrrr.