The debt validation is the beginning of eliminating the account. Some say "a debt is a debt is a debt" and pay up. However, if the "owner" who has purchased the alleged account in a portfolio is junk debt and worthless - PROVE IT. The law says to prove it. If major corporations cook the books in accounting, then what makes you think that collection agencies would not create fake documentation to look legitimate. It happens all the time. Collection agencies can and do operate as a business. That is not unusual. They also operate as fake attorneys offices. Unless you are aware of these facts, you are helpless. You must write the agency and ask for proof. Letters from debt collectors are not to be ignored.
Below is a collection debt sample letter to validate the debt (VOD) and you will find other links that are resources for letters on our site. Remember to always send certified mail return receipt. It is imperative to document all action for your records. If you do not send the VOD letter in writing within the 30 day period as the law requires, and you mail it past the 30 day time period, chances are the collection agency still cannot validate the debt, therefore, send a VOD to have your own documentation for future reference if needed. This basically states "do not contact me until you can send valid documents". The letter will need to be changed to your specifications and wording but this is basic.
COLLECTION DEBT DISPUTE LETTER
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
CERTIFIED MAIL
RETURN RECEIPT
Dear {insert name of collector or company},
I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.
This is the first I've heard from you or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
* (1) the amount of the debt;
* (2) the name of the creditor to whom the debt is owed;
* (3) Provide an original statement;
* (4) Proof that you are licensed to collect debts in (insert name of your state)
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
* because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
* you cannot add interest or fees except those allowed by the original contract or state law.
* you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ยง 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
Signature here
Your Printed Name