It is not always necessary to pay an attorney hundreds of dollars to write a letter. This letter is a sample of how to deal with a collection agency who is claiming you owe money but has yet to validate the debt as accurate and has possibly violated your rights. This letter should not be used for a simple validation because it is for serious possible violations by a collection agency. This letter below, should get your juices flowing on how to deal with unscrupulous harassing collectors who refuse to validate a debt and abide by a cease and desist letter.
Creditor/Agency:
Date:
Account ID:
Please be apprised that you are in direct violation of the Fair Debt Collections Practices Act. It is in my opinion that you have violated at least three sections of this act by:
—Failing to validate a debt as allowed to the debtor under 15 USC 1692 (g) Section 809 (b)
—Communicating with a debtor after receiving a cease and desist certified mail under 15 USC 1692 (g) Section 805 (c)
—Harassment of alleged debtor under the “abuse & harassment” subsection of the statute, USC 1692 (g) Section 806 (5)
I have complete and thorough records of your violation(s) and am prepared to protect myself and my rights from unscrupulous collection agencies.
In ______________ 2002, I sent via certified mail (receipt number: _______________) , a request for your offices to please provide me with proof of the debt you alleged I owed. In that same letter I also included my cease and desist instructions.
After verifiable delivery of my letter (via your office’s signature), you proceeded to mail a simple bill which is NOT considered a “validation of debt” by any means. You may want to familiarize yourself with what is required when validating a debt.
Your office also proceeded to contact me by phone after the delivery and acceptance of my certified letter. Contacting a person after a cease and desist can lead to serious trouble for your agency included violation damages of up to $1000.00 per incident.
I highly doubt that this $_______ debt is worth your agency license and the fees associated with violations of the FDCPA.
There is no question here that you willfully violated my rights and that I could bring charges against you immediately but I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself or your staff of such dangerous actions.
I will also be checking my credit report to see if you have willfully reported an unverified and disputable debt to the Credit Reporting Agencies. If so, that will be a violation of the Fair Credit Reporting Act. I will state again in this certified mailing that you have failed to verify the debt as accurate, provided no records of the alleged debt and will remind you not to contact me in any way via phone or mail in reference to collecting this debt.
If you have true and accurate proof of this alleged debt, you may send it to me by mail in the form of complete and accurate billing, payment and account history as allowed to me under federal law. I recommend you have an attorney assist you in understanding this letter if any parts herein are confusing for you.
Should I decide to take action against you for FDCPA violations I may choose either small claims in my venue or a district court to file a federal claim. Please understand that this is a very serious request and your office should treat it as such.
Regards,
John C. Consumer
