SAMPLE LETTERS FOR DEBT COLLECTORS
Sample Validation Letter to Debt Collector
Sample Cease Telephone Communication Letter to Debt Collector
Within five days after an initial contact by a debt collector, you must be sent a notice letter that (1) states the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless you, within 30 days after receipt of the notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid; ... and more (read here for all the requirements of an initial communication (notice) from a debt collector: http://www.mincal.com/fdpca-statute#__1692g._Validation_of_debts).
We have seen many people respond to debt collectors with letters citing all sorts of laws and making various demands. While you may be thinking writing a sophisticated letter might get a debt collector off your back, you risk looking uninformed if you incorrectly cite the law. Furthermore, why bother with so much time and effort. Let us help you enforce your rights if they are violated.
Our recommendation is to keep your response to the debt collector simple. All you need to do under the statute is to dispute the account and request validation. The debt collector must cease collection of the debt until they obtain verification of the debt or a copy of a judgment, and a copy is mailed to you.
Also, make sure that you retain COPIES of each and every letter that you both receive and send along with the envelopes. Further, send any letter only via certified mail, return receipt requested. Make sure you keep track of everything in the communication log we have prepared for you.
Finally, and most importantly, you need to talk with a lawyer to make sure you are taking the right steps with a debt collector. We provide free consultations so why not give us a call.
SAMPLE VALIDATION LETTER TO DEBT COLLECTOR
VIA CERTIFIED RETURN RECEIPT MAIL
[TODAY’S DATE]
[Name of Debt Collector]
[Address]
[City, State & Zip Code]
RE: Account Number:
Dear [Insert Name of Debt Collector]:
I have reviewed the demands you have made of me regarding the <INSERT DEBT DESCRIPTION HERE> debt you claim I owe, and I do not believe I owe what you are demanding. I'm sure you agree with me that I should not have to pay such a claim, and I assure you I am not going to pay such a claim. I have no doubt you would do the same if you were in my shoes. Thank you.
Sincerely,
[Your name]
[Your Address]
Sometimes a debt collector may be calling you so much that it becomes inconvenient, harassing, or abusive. Under the Fair Debt Collection Practices Act (FDCPA) you have the right to limit a debt collector's communication with you. You can request that they cease all communication with you or only communicate with you using limited or particular methods. Be aware however, that by limiting a debt collector's options to communicate with you, they might resort to more aggressive tactics to collect a debt, including resorting to litigation. We encourage you to give us a call for a free legal consultation on how to handle your particular situation.
Below is a sample letter you can use to request a debt collector cease communication with you completely. Again, make sure that you retain COPIES of each and every letter that you both receive and send along with the envelopes. Further, send any letter only via certified mail, return receipt requested. Finally, keep track of everything in the communication log we have prepared for you.
SAMPLE CEASE & DESIST LETTER TO DEBT COLLECTOR
VIA CERTIFIED RETURN RECEIPT MAIL
[TODAY’S DATE]
[Name of Debt Collector]
[Address]
[City, State & Zip Code]
RE: Account Number:
Dear [Insert Name of Debt Collector]:
Please do not communicate with me using any other means than written correspondence at my home address. It is inconvenient for me to receive phone calls at home and I'm not allowed to receive personal phone calls at my place of employment. Thank you.
Sincerely,
[Your name]
[Your Address]
