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Rewrite on validation letter.

Submitted by JCEMT on Sat, 02/09/2008 - 14:10
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This was a rather strongly worded validation letter I used to have in my signature. I'm rewriting it for better structure/grammar. Be sure to send the letter certified mail, return receipt requested.

The green card you receive in the mail is your proof that the letter was received. During this time they are required to cease collection activity until they provide you with validation. Also be sure to send the enclosure with the validation letter.






Click here for the link to the enclosure to send with your letter


With item 7 in the letter:
7. Show me that you are licensed to collect in my state.

How does that apply if you have moved from the state where a debt occured? Say - happened in TX in 03.. but you now live in ID? Should you ask for "in MY state"? or in TX?


Submitted by on Mon, 02/11/2008 - 17:24

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There is a box on the right hand side of the page so i can't print it out. Is there anyway that someone could email it to me please? I really need to send this letter out asap! My Email is email removed for your safety. -Debtcruncher


Submitted by on Mon, 04/07/2008 - 19:21

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Simple steps for Windows users:

1 - open your word processor. [I know this works with MS Word. Should work with any of them...]

2 - In your browser window, click-drag your mouse over the text of the letter to select it. The window will scroll automatically if needed.

3 - Click-and-hold on the text you selected.

4 - Now drag it over into your word processor, and release the mouse button.

5 - Edit as needed.

6 - Send it out in the morning mail.


Submitted by unclewulf on Mon, 04/07/2008 - 19:38

unclewulf

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I'm so using this letter to send to the CA jerks that have been harassing me. I'd like to see their faces when they get it.

I'm adding my own line in the letter "This includes using different phone numbers to attempt to call my house or my job in an attempt to collect the debt...." This has happened to me


Submitted by boots288 on Thu, 04/17/2008 - 10:15

boots288

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Lets say my debt is $8000.00 and I send $100. 00 every month what further action can they take or if the don't cash it are they in violation?


Submitted by on Thu, 04/17/2008 - 17:45

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Welcome to the community Walker1.

Uniform commercial code says that contracts (oral and written, which covers debts of every type) are negotiable instruments. Meaning that they are binding in that they agree to provide you with (specified service) and you are to pay them the amount specified. If they refuse to accept your payment then they will dishonor the contract effectively voiding it and the debt associated with it.

Regardless of what you amount you send to them they do not have to just accept it, if they wish to file suit or some other means, or demand payment in full then they do have the right to do so. However if it goes to court it will look very favorable on your part showing that you are paying on it what you can.

If you have any further question please feel free to ask.


Submitted by JCEMT on Thu, 04/17/2008 - 17:58

JCEMT

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Thanks, JCEMT. I am so scared because of all the horror stories i am reading on this website about these different CA. I just paid off a 2000 target card through Acceptance and i am still waiting on my paid in full letter. I am ready to tackly the rest of my debt but i want to make sure i am paying the right people and it is be corrected on my credit report.

thanks again.


Submitted by shopaholicviet on Thu, 05/15/2008 - 05:47

shopaholicviet

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I got a judgment letter and when I called the local court here they advised that I send the attorney a certified letter, so I sent it last week, along with a copy to the court.

Reading your template just now, I'm nervous that I said the wrong stuff in my letter...
And now I'm not sure if it'd be contradictory, etc to send them a NEW letter using the template provided by this site.

I'd be willing to email a copy of the letter I sent if someone would be willing to take a look...

I'd appreciate any guidance....


Submitted by on Wed, 05/21/2008 - 08:59

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Welcome to the community dv585.
Unfortunately it is against the forum TOS for us to post personal information here (including email addresses) if you would like to post the letter template here (deleting your personal information of course) I would be happy to review it for you.


Submitted by JCEMT on Wed, 05/21/2008 - 12:11

JCEMT

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I appreciate the help, JCEMT.
Here's the letter w/o the personal info:
(**FYI below, rc'd new letter today)

TO WHOM IT MAY CONCERN:

I received a ???????Summons??????? in the mail (envelope postmarked 04/30/08), dated 03/30/08. I promptly called and left a message for a representative to contact me with more information regarding this alleged debt. However, I have yet to receive a response from your agency.

The purpose of this letter is to prevent a ???????Default??????? judgment ruling by the court.

Within 30 days, please send (in writing) the following items to my attention:
1) proof of debt, as required by law
2) any proposed settlement offer(s), to be considered upon review of debt validity.

The documentation should all be mailed to my address above.

Please do not hesitate to contact me (in writing) with any questions.

Thank you for working with me to resolve this matter without further use of the court????????s time.

SINCERELY,



XXXXXXXX

CC: XXXXX CITY CIVIL COURT


**(FYI I got confirmation from USPS of delivery on 5/19 and I got a letter today in the mail dated 5/19 that basically is another copy of the same judgment paper, along w/ a cover sheet basically only saying that they are the attorneys for the above collection agency, but it didn't really look like it was in response to my letter...They also said I have to call them immediately and they said they rec'd affidavit confirmation my summons was delivered to me, while also threatening a default judgment.)
Thanks again for any guidance! :)


Submitted by on Thu, 05/22/2008 - 09:14

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Sounds like it just a threat. Unless they sat on the summons/civil complaint so that they could obtain a default judgment. I would suggest contacting your local court clerks office to see if a suit has been filed against you. Well go from there once you speak to the court clerk. As for your letter it seems alright, certainly could have been more specific but that is ok if you did not know what to request. You can check my signature link for a debt validation letter template to give you a better idea of what to request. If you wish to send them that letter feel free to do so, be sure to send the enclosure with it, certified mail/return receipt requested. That way you can have proof of sending it and proof of when they receive it.


Submitted by JCEMT on Thu, 05/22/2008 - 20:30

JCEMT

( Posts: 2934 | Credits: )


First of all, thank you for the validation letter. I had to use it recently when I received a letter from a CA and then pulled my credit reports and found this unknown debt on my credit reports.

Here is my question/problem: I sent the letter to them and what I received back was basically a copy of a computer printout. There was barely any information on this sheet and nothing to really show that I am the owner of this debt other than my name from my first marriage (which by the way I haven't used since I remarried 6 years ago). What I need to know is if there is a good follow-up letter that I should use when responding to this poor excuse for validation? I have done some searching, but haven't really found anything that I would want to use.

I should also mention that my ex-husband's aunt has the same first name as me and once while we were married a bank called thinking I was her, and basically told me that I was about to default on a loan, etc, etc. So I wouldn't doubt that this could be her debt too.

Thank you in advance for any help that you can be to me.


Submitted by on Wed, 06/04/2008 - 10:12

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I would suggest waiting a month to see if they send anything else. If they don't or they try to continue collecting you should send another copy requesting everything everything they have yet to produce and reminding them of their duty to cease collection activity until validation is produced.


Submitted by JCEMT on Wed, 06/04/2008 - 12:51

JCEMT

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Hi Mod.
A month ago, I was contacted by someone from allied interstate saying they tried to collect a student loan that I borrowed from SalieMae. When I asked further questions to verify about the loan, the amount, etc... This person did not want to tell but threatened to talk to my employer and collect it from my wage. I though this is someone trying to deceive me to commit over-the-phone-fraud kind of thing, so I ignored her. Now she has talked to my employer and sent them an order to withhold my earning. I called to talk to them and now they are pressing my into paying them immediately. Please help me. What are my options now???


Submitted by yenbinh on Thu, 06/05/2008 - 00:22

yenbinh

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Since this is a student loan I believe they may be able to do this if wage assignment was part of the student loan (which most of them do allow) What state do you live in? I'd like to check your state statutes on wage garnishment to see if it is allowed and if so, what the maximum percentage is.

Beyond that I would suggest seeking legal council to determine what your options are.


Submitted by JCEMT on Thu, 06/05/2008 - 06:02

JCEMT

( Posts: 2934 | Credits: )


I like your Validation letter. #9 is the key and the trick. No debt collections agency will ever be able or willing to produce #9.

The law does not require that you send this letter Certified or Registered. You are supposed to send it regular mail. I keep copies and proper notes.

I do like your letter


Submitted by on Thu, 06/12/2008 - 12:29

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The law may not require that it be sent certified or registered, but it is always a good idea to do so. There is no "supposed to" when it comes to the method used to send these letters - it's personal choice.

It's recommended that you send it by certified mail, return receipt requested, so you have proof that it was sent and that the recipient received it (they have to sign for it in order to receive it, and you receive a receipt back showing they signed for it.)


Submitted by SUEBEEHONEY70 on Thu, 06/12/2008 - 13:23

SUEBEEHONEY70

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I just received an alert from a credit monitoring service that said AIS has placed a debt collection claim for almost $3000 on my credit report from 2006 with no citation of original creditor. I've been doing some research on line and found out that there is a new breed of "debt collection agaencies" that are actually law firms. They typically target debts that are $1000-$5000 and buy them for an average of 7 cents on the dollar. They prey on these amounts because most peple will just pay out of fear for the damage a claim can do to their credit. They then play lawyer ball and try in scare you into a quick setlement, usually about 50-60% of the amount quoted.

The other thing to note is that if there is an old debt sitting out there, penalties, high interest rates, and late fees can continue to accrue on the original balance fro years. They also start to add their own interest and penalties the longer it drags on because they can extort more money out of you.

The best way to approach this is to send the form letter above the minute you see something like this on your credit report because if you dont give into their demands, they will then take you to small claims court and get a judgment against you. And if you cant afford a lawyer, you do not have the right to have a court-appointed attorney appinted to you because this is a cival and not a criminal case.

These firms are the slimiest of the slimy and will resort to such tactics as dropping off the court summons at an old address and go after senior citizens and people on disability.

If you are contacted by one of these firms, dont ignore it. If it was a legitimate debt, they will have original documentation of the pay advance or credit card contract that you signed from when they "purchsed" the debt from the creditor.

They also depending upon state laws where they do business can tape conversations -- sometimes without disclosure -- so stick to the script: dont admit anything, ask for the information listed on the letter above and inform them that you have those rights. If they try to bully or intimidate and continue to push for you to pay, calmly tell them theyll be receiveing this request and hang up.

This is yet another example of how the laws are set up to protect big business and leave the little guy out in the cold. The creditors have long ago written off the original amount as bad debt which helps their bottom line. The credit card industry made over $32 billion in profit last year and now lawyers have found a way to cash in on it using fear and intimidation tactics as the norm.

If you suffer a life altering set back such as in illness, loss of a job or just hit tough times, your best bet is to file for bankruptcy protection so that your hard earned money doesnt go to the the likes of these slimeballs.


Submitted by on Fri, 06/13/2008 - 18:40

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When I copy the dv letter into ms word, it does not let me edit. Please let me know the option for editing. Thanks


Submitted by on Tue, 04/21/2009 - 22:06

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I am not computer illiterate (so I think), but for some reason I am not able to copy over the wonderful letter you have written to Word. It appears that that letter is an image, and I can't separately grab the letter. When I am able to get it, it only brings over what is shown on the screen, not the whole letter.

Please help.


Submitted by on Sat, 05/30/2009 - 17:38

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Pesonally, I would use this only as a template only. Nothing amuses a CA more than a letter copied off the internet. Most of the items listed on that letter aren't going to be supplied outside the Discovery phase of litigation anyway. I simply state:

I dispute this alleged debt in it's entirety and hereby request validation in compliance with the FDCPA and Chapter 392 of the Texas Finance Code. All calls to my emplyer place my employment in jeopardy.

[center:2f71fd4df3]All Calls to my home and cell are recorded[/center:2f71fd4df3]


Submitted by NASCAR_Devil on Sun, 05/31/2009 - 09:37

NASCAR_Devil

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I completely agree, it should be short and sweet. They are not likely to read a 2 page laundry list, issues of relevancy aside. Verification of the debt is not the same as requesting Discovery in court. The FTC has a sample letter (for disputes addressed to the CRAs) that is short, sweet, and to the point.

But yeah, any template for assistance is a guide only.


Submitted by Chrys Henderson on Mon, 06/01/2009 - 00:53

Chrys Henderson

( Posts: 2538 | Credits: )


I just received a letter stating that my son stole something from wal mart 2 weeks ago & asking me to send $250. First they said that my son was an adult & that he needs to call. So we called on a conference call and basically they said they couldn't give us what location or time the wal mart was at. I contact my attorney who told me to file a complaint with the Attorney Generals office, which i did today. My attorney also thought that this was a scam, but now reading all these post & finding that this is actually a legitament business i am really wondering what i should do. Dont they have an obligation to show us a camera, recording, i.d or something that my son alledgely signed? Please help... I live in Missouri


Submitted by on Mon, 10/11/2010 - 16:00

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