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Debt Validation

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rainbowbrite
Established Member

Debt Validation

HI, I have 4  collections on my CR.  can someone help me with the verbage for a DV letter?

 

Do you type it or is handwritten?

 

Do you sign your name?  is it mailed Certified mail return receipt to sender?

 

thanks

Message 1 of 4
3 REPLIES 3
guiness56
Epic Contributor

Re: Debt Validation

I found this on my credit report, account #________.  Please validate per FDCPA 809.

 

 

Type it and your name, do not sign.  Send CMRRR.

Message 2 of 4
rainbowbrite
Established Member

Re: Debt Validation

hi again,

 

do you put in the certified # that you mail

 

 

so it would be

 

 

 

 

CC agency                                                                     date

address

 

dr sir,

the incert you wrote

 

 

then type my name

 

 

Message 3 of 4
RobertEG
Legendary Contributor

Re: Debt Validation

I agree with the basic simplicity proposed by guiness.

 

However, a couple of additional things you might include if your situation warrants:
1.  They are only required, in both a dunning notice and in response to a DV request, to provide the name of the current creditor. 

If you also want the name of the original creditor, you must additionally make that request in your DV.

 

2  The statute requires only that they provide the amount of the asserted  current debt.  It does not specifically require an itemization of the debt.

However, case law interpretation has consistently held that an itemization is usually needed in order to evaluate the asserted debt, and is can be requested as part of a DV.

 

As an aside, many will, out of fear of potential forgery, recommend not signing a DV.

I differ in that view, in that a DV is a legal document that is required to show origin from the consumer, and sent within 30 days of dunning notice in order to invoke your statutory right to cessation of collection.  It is thus a formal business communication which, in my opinion, should be signed to establish authenticity of source and sent CMRRR to establish a date within the statutory period.    There are criminal statutes to deal with forgerers.

Message 4 of 4
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