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Debt Validation Letter

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Red1Blue
Super Contributor

Debt Validation Letter

What information do we ask for when we are sending a Debt Validation letter to either OC or OC assigned CA/Attorney ?  ( This letter is to send directly to OC/CA and not to CRA in dispute ) Is there any template or format that I can use ? I want to send some DV letters soon. Thanks

3 REPLIES 3
RobertEG
Legendary Contributor

Re: Debt Validation Letter

Debt validation requests are provided for under the FDCPA, and are only sent to debt collectors, and not to origiinal creditors.

FDCPA 809.

 

Creditors enter into account agreements with consumers, and provide billing statements that comprise their statement of debt owed.  While you can always send a creditor a request of a past billing statement or an informal request for statement of the current amount of the debt, there is no specific provision of the statute or regs for doing so.

 

When sending to a debt collector regarding a collection, you simply cite FDCPA 809 and state that you are requesting validation.

Reponse to a CV does not require that they send supporting documents or proofs.

Validation, if sent, only states that they have conducted an investigation and have found the debt to be valid.

A timely debt validation request does not impose any requirement that they respond at all.  It only imposes a bar on continued collection activities until they have first provided validation

Message 2 of 4
vntrsc
Established Contributor

Re: Debt Validation Letter


@Red1Blue wrote:

What information do we ask for when we are sending a Debt Validation letter to either OC or OC assigned CA/Attorney ?  ( This letter is to send directly to OC/CA and not to CRA in dispute ) Is there any template or format that I can use ? I want to send some DV letters soon. Thanks


As an added note, a validation request must be sent within 30 days of the initial communication from a debt collector.  The initial communication would be a collection letter containing the 30-day notice of your validation rights.   If your request is sent at any other time, the debt collector can continue collection efforts without ever providing validation.  

Message 3 of 4
gdale6
Moderator Emeritus
Message 4 of 4
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