Protecting the Rights of Consumers
For Over 25 Years
|
By
Edelman Combs Latturner & Goodwin, LLC
The following is a form of letter that you can send to a collection agency or debt buyer or collection attorney to request verification of a debt. The first paragraph can be modified to articulate any specific reasons you have for disputing the debt. Please contact us if you need assistance in preparing the dispute.
There are a number of forms of verification letters on the Internet that request a laundry list of information and documents. We do not recommend that you use them. Many go beyond what a court will require.
The letter should be used when there is a serious issue concerning whether you owe the debt or if you are trying to get specific information, such as dates of default or last payment. It should not be used in every case. For example, it is not productive to require a debt buyer that might not have sufficient documentation to prove a debt to obtain it well in advance of filing a lawsuit.
If you have a question concerning how you should deal with a collection issue, or want us to review a collection letter you have received, please call us. We do not charge for brief consultations.
Here is the letter:
Your name Your address
Debt collectors name Debt collectors address [We suggest you fax or send by certified or overnight mail so that you have a record of RECEIPT by the debt collector]
Re: [collector's account number]
Ladies/ Gentlemen:
Please be advised that we dispute the claimed debt(s) described above.
Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off.
Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide proof that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us.
Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from us through any means whatever, including credit reporting. We refuse to pay any debt which has not been substantiated in the manner we request and direct you to cease further communications unless and until you can provide such substantiation.