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Sorry for having so many questions! It's my first I'm writing, sending to two CA's reporting the same debt. Is it okay to just say:
This letter is a request for verification of the debt under FDCPA 809(b). I also request the name of the original creditor.
I've read short and sweet is best here. I happen to live in Texas, so should I state Texas Debt Collection Practices Act, Section 392.202 instead?
Am I supposed to sign it?
@Henchman21 wrote:Sorry for having so many questions! It's my first I'm writing, sending to two CA's reporting the same debt. Is it okay to just say:
This letter is a request for verification of the debt under FDCPA 809(b). I also request the name of the original creditor.
I've read short and sweet is best here. I happen to live in Texas, so should I state Texas Debt Collection Practices Act, Section 392.202 instead?
Am I supposed to sign it?
Looks good to me!!!! Don't sign it just type your name!!!! Happy credit rebuilding!!!
@Henchman21 wrote:Sorry for having so many questions! It's my first I'm writing, sending to two CA's reporting the same debt. Is it okay to just say:
This letter is a request for verification of the debt under FDCPA 809(b). I also request the name of the original creditor.
I've read short and sweet is best here. I happen to live in Texas, so should I state Texas Debt Collection Practices Act, Section 392.202 instead?
Am I supposed to sign it?
Yes, you should mention the TX Finance Code. If you don't they probably won't respond.
Yes, you can add something like that. Make sure you include the section that pertains to a DV.
A debt validation request under the FDCPA and a similar request under the TX act are entirely different animals, with different provisions.
The TX code does not amend the FDCPA by setting a 30-day period for validation of the fed DV request. Neither code refers to the other.
Under the TX code, they must respond within 30 days, but validation is not required to be provided in that response. Failure to provide validation under the TX code within the 30-day period, for example, requires CR deletion until such time as they comply.
I would send two separate letters. Below is a sample for the TX code request, which is referred to under that statute as a "Dispute of Accuracy.":
"This is a dispute of accuracy of your asserted collection of the referenced debt under the provisions of Title 5, section 392.202 of the Texas Finance Code.
"Specifically, it a request that you provide, within 30-days of this request, written statement of denial or admission of the accuracy of the debt, or if you cannot provide such statement at this time, notice that it cannot be provided, and immediate deletion of your reporting with each credit reporting agency."
Use the Texas code.