Following is a highly effective example of a Letter that I have sent on behalf of clients to various Debt Collection Agencies. It is an amalgamation of a variety of highly effective letters written by some of the most influential debt settlement defense attorneys in the United States. It is a very bold and aggressive approach buttressed by solid legal precedent. The goal is to have the debt completely dropped and this letter has been highly effective in achieving this. I look forward to your thoughts.
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in direct response to a notice of several (or an) entries by your company on my credit reports. Be advised that this is not a refusal to pay, however shall serve as an official notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim on my credit report is disputed and validation of the debt is requested is requested.
This is NOT a request for proof or verification of my mailing address, however this is a request for VALIDATION of the debt made pursuant to the above named Title and Section. I respectfully request pursuant to the law that your offices provide me with competent evidence that I have a legal obligation to pay you.
In Order to Verify the Debt the Following Is Requested Pursuant to the Above Referenced Statute
* What the money in detail you state I owe is for
* Show me and explain how you calculated what you state I owe
* Provide me with all copies of any papers or documents that show I agreed to pay what you state I owe
* Provide a copy or verification of any judgment if applicable
* Identify the original creditor for the debt
* Prove the Statute of Limitations has not expired on the terms of this account
* Show me proof that you are licensed and registered to collect in my state
* Provide me with your up to date license numbers and Registered Agent in my state
* Provide proof that the collection company seeking the debt actually owns the debt/or has been assigned the debt. (This is basic contract law.)
* Pursuant to the statute please provide a complete payment history, starting with the original creditor. This detailed requirement was established by the seminal case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
* Provide a copy of the original signed loan, debt contract agreement or credit card application. (This is also basic contract law.)
At this time I will also make clear by informing you that if your offices have reported or do report invalidated information to any of the 3 major Credit Bureau (TransUnion, Equifax, or Experian) this action may constitute fraud under both State and Federal Laws. Due to this fact and as of the date of this letter, if any negative mark is found on any of my three credit reports by your company or any subsidiary of your company;
I will not hesitate in pursuing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to supply me with the proper documentation as requested by law in the following Declaration, I will require at least thirty (30) days investigating this data and information and throughout such time all collection activity must cease and desist.
Additionally, during this validation and document collection period, if any action whatsoever is taken which could be or is considered detrimental to any of my three credit reports, I will pursue legal action. This shall include any listing of information to a credit reporting repository that is inaccurate or could be invalidated or verifying an account as accurate when in fact there is no provided proof that it is accurate.
If your offices fail or refuse to respond to this validation request within 30 days from the date of your receipt, all references and demands to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I am requesting, in writing, that no telephone contact be made by your offices to my my place of employment or my home. Should your offices attempt telephone contact with me, including but not limited to computer generated or automated/dialer calls and calls or correspondence sent to or with any third parties, it will be deemed harassment and I will have no choice at this point but to file suit. All future communications with me at anytime MUST be done in writing and sent to the address noted above in this letter by USPS.
It is highly advisable that you assure that your records are accurate and in order before I am forced to take legal action. This is an attempt to properly correct your records; any information obtained shall be used for that purpose.
Please read the detailed enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Best Regards,
Your Name Here.
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