Texas Resident Debt Validation Letter

[g2tx]

Hi, I was reading a thread on Texas collection laws. I pulled a template someone posted (thanks for the starter)  and added quite a bit. I plan on using this to request DV for both in state and in out of sate agencies. Thought I would share in case anyone wanted to use, and welcome any feedback.

YOUR NAME YOUR ADDRESS YOUR TOWN TX 7XXXX-XXXX

COLLECTION AGENCY CA ADDRESS CA TOWN, XX 987654

February 25, 2014

via certified mail

Re: Reference #: XXXXXXX

Dear COLLECTION AGENCY:

I dispute the validity of this entire debt. I request validation of this debt per Texas Finance Code. I have disputed this debt with the credit reporting agencies and you continue to validate it without providing the information I have requested. Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code if you fail to meet code requirements.

Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)

For the purpose of validation provide me with:

• The name and address of the original creditor
• The original date of default or non-payment of the debt with original creditor
• The date the debt was transferred from the original creditor to the third party debt collector
• The original balance
• The current balance
• Any fees added by your agency. Sec. 392.303 (a)(2)

• Texas Surety bond information as required by Sec. 392.101

I am invoking Texas Finance Code 392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.

I request immediate notification by mail if this alleged debt is sold or transerred per Sec. 392.301 (a)(4)

Please reply with your response vis US MAIL.

Please note I am fully prepared to pursue my rights for the harm this innacuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for:     

(1) injunctive relief to prevent or restrain a violation of this          chapter; and     

(2) actual damages sustained as a result of a violation of this           chapter.

     Sincerely,
     Me

[down_n_out]

I also may use this someday, thanks for the template.

[RobertEG]

Nice job.

It probably asks for more than is required by the TX code to comprise validation, but is overall a comprehensive letter.

My only caution to those Texans not familiar with the provisions of the TX financial code is that it is totally separate from and must be invoked separately from a DV under the federal FDCPA.

Stated differently, a resident of TX is not entitled to response to a DV sent under the FDCPA within 30 days.

The TX version is more comprehensive, so at least send that, making sure to identify it as a request under the TX finacial code, and not a DV under the FDCPA.

[baller4life]

Yes it works like a charm!! I got most of my collections removed with this exact letter minus the second part starting with I AM INVOKING. I would personally leave that part out. Seems like overkill to me. GOOD LUCK!!!

[g2tx]

Thanks, here is my revised letter. I would be interested in hearing success stories with a similar letter using both in and out of state agencies.

(ME and my address)

(CA and their address)

(Surtey bond provider address if CA bonded in Texas) (List "Copy To" and actually send it to them.)

February 27, 2014

Re: Reference #: (Acct # on Credit)

Dear Sir or Madam: 

I dispute the validity of this debt. I request validation of this debt per Texas Finance Code 392.202. I have disputed this debt with the credit reporting agencies and you continue to report it incorrectly without providing the information I have requested.

This matter has also been submitted the Govenor's Office of XXXX (List if true)

If you cannot validate information below, I demand deletion within 30 days according to TX Sec. 392.202 (d)(1). The invalid balance you continue to validate has caused me harm and I request immediate and permanent deletion from any and all credit bureaus you may do business with.

This debt is inaccurate because: (List a reason)

Please also note Texas BCC17.

I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 (a)(4)

Reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner.

Sincerely,

Me (NO Signature typed only)

[down_n_out]

Here is my version, I left out the dispute and strictly focused on the validation request. Thanks for your template it helped me get started.

March 1, 2014
Account Reference #:

To whom It may concern,

  I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:

For the purpose of validation provide me with:
·The name and address of the original creditor
·The original date of default or non-payment of the debt with original creditor
·The date the debt was transferred from the original creditor to the third party debt collector
·The original balance
·The current balance
·Any fees added by your agency. Sec. 392.303 (a)(2)
·Texas Surety bond information as required by Sec. 392.101

Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202(b)(2), that the debt in question is inaccurate.
Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)

Also per Texas Finance Code 392.202 Correction of third -party debt collector’s or credit bureau’s files.

I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 (a)(4).

Please reply with your response via US MAIL.
Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a)

A person may sue for: 

(1) injunctive relief to prevent or restrain a violation of this chapter; and
(2) actual damages sustained as a result of a violation of this chapter.

                                                                                                                                                                                                   Regards,

                                                                                                                                                                                                   Me

                                                                                                                                                                                                   My Address

                                                                                                                                                                                                   City, State Zip

[CC80]

PERFECTION!

This is just what I was looking for! I couldnt find a really good template to send a DV with the Texas Finance Code Section 392.202

Did this DV work for you? I am in Texas and am dealing with a couple CA's who have less than a year to collect old debt before its out of the Statue of Limitations to collect.

Im hoping I can use this DV to make them work to validate and hopefully cant. And if so, it will help me negotiate a low lump sum on the balance.

Please let me know if this is a legit DV to send. 

Portfolio Recovery Associates wont get off my back!

[Sock]

breadcrumbs

[CreditGuy03]

I wanted to Pile on

What if a CA is not bonded to do business in Texas? I have two on my report verified with the TX SOS that they are not bonded. If I send them a letter invoking TFC 392.01 and they still do not delete then what?

[chevymonique]

Thank you this is exactly what I was looking for ! Your all so AWESOME !