Sample Debt Dispute Letter for Debt Still Not Validated By Collector

Sample Debt Collections Dispute Letter for Debt still not Validated

Ok, so you previously sent out a dispute letter disputing a debt, and then the collector sends you the supposed validation information regarding the disputed debt. After you receive the information and/or documentation from the collector that supposedly validates the disputed debt, you are not convinced at all and you want to continue to dispute the debt.

Well, according to the Fair Debt Collection Practices Act (FDCPA), if the debt or any portion of it is disputed, the debt collector “shall cease” all collection activity regarding the debt until the debt collection obtains (A.)verification of the debt or (B.)a copy of a judgment, or (C.)the name and address of the original creditor and a copy of any or all of the listed verifications is mailed to the consumer by the deb collector.

Further Reasons you are not convinced debt is validated:

A. I disagree with the amount you claim I owe;
B. The judgment has expired
C. The information or documentation does not meet the “validation” requirements under the FDCPA;

To validate any debts, collectors only have to provide one of the following:

1. Verification of debt; or
2. A copy of a judgment; or
3. The name and address of the original creditor,

Collectors DO NOT have to send all three to validate a debt, because, if you noticed, the FDCPA uses the word “or”. Thus, they could send only the name and address of the original creditor and in doing so they have fulfilled the requirements of the Fair Debt Collection Practices Act (FDCPA).

Shown below is a sample letter disputing the debts that you believe are still not valid. Feel free to copy the sample letter, and modify it to suit your situation:

—————

Today’s Date

Your Name
Street Address
City, State, Zip
Phone Number

Attention: {name of collector}
Name of Agency
Agency Address
City, State, Zip

Account Number: {account or reference number}

Dear Mr. /Ms.

This letter is to inform you that I still dispute this debt. After receiving your response to my original dispute letter, I contacted the original creditor who was unable to verify this account as mine. (further reasons listed above)

In my opinion, you have failed to validate this debt. I must remind you that I originally disputed this debt within the 30-day dispute period outlined in the FDCPA and that I am now also responding in a timely manner to your attempt to validate this debt. Because I still consider this debt as “still in dispute” I do not expect to hear from you again except to provide information or documentation to clear up my reasons for disputing this debt.

I already advised you in my previous letter that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and that I will not hesitate to take all legal steps necessary to protect myself. Be advised that I am keeping accurate records of all correspondence including tape recording all phone calls.

Signature just above printed name
Your Printed Name

————-

Please Note** If during the debt verification process, you receive anything other than a judgment from the collector, then it may be in your best interest to consult with an attorney regarding the validity of the information or documentation that you have received from the collector. Also, if you do receive a copy of a judgment, make sure you verify it by calling the clerk of the court that issued the said judgment and if verified, ask if the judgment is still valid because some states require certain judgments to be renewed.

Always send debt dispute letters only by “certified mail or official mail-return receipt requested”. Keep copies for your records.