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Showing results for tags 'Debt Vailidation'.
(newbie here, I re-posted this from another forum at the advice of a regular user. ) Normally, when a creditor sues you, you eventually find yourself in a court room explaining to the judge that you dispute the debt. The first thing the judge is going to ask you is " Did you put your dispute in writing and send it to the Plaintiff? The response sound never be no. A strict judge may pass a judgement right then and there. This is why what I am about to tell you is so Important. When a debtor first contacts you about a debt, it is important that you dispute the debt. If you do not remember having such debt, put that in your letter as well. Here's a Sample John Doe Address here city state zip code In Reference to account # XXXXXXXX Dear Creditor, I am writing you in reference to the account # XXXXXX, and that I do not believe I owe, what you say I owe. To my best of knowledge, you are the first to contact me about an unpaid balance on account # XXXXXX. I do not recall this debt , and as a result this debt may have been fraudulently conceived . I respectfully ask that you provide me with the following documents to verify that I in fact, owe this debt. 1. A written contract between the original Creditor and myself, that was signed by me. 2. All monthly billing statements that show the location of purchases or balance transfers and the amount of each, that lead to the calculation of the balance you claim I owe. . 3. Proof that you have the legal ability to collect debt in my state of ______________. 4 Proof that you own this debt. 5. Copies of any payments that were alleged to be made by me, or someone i authorized. 6. Copies of receipts which shows my signature, or the signature of an alleged authorized user. 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; I thank you in advance as I try to take the appropriate steps to separate my good name from possible fraudulent debts. ThanksName signed.. Now since you have done that, make sure to mail it CERTIFIED and keep all mailing receipts. Doing this will generally discourage bottom feeding collection agencies from filing a complaint in civil court. If they do file and the judge asks you, " Have you notified the Plaintiff in writing of your claim" You can say YES, I have have a copy of it with the certified mail receipts showing that they received it." This will show deception on the Plaintiff part as when they filed the claim they are saying that the Defendant has refused to pay despite their best efforts to resolve the matter. Ignoring a fraudulent claim in writing shows that the creditors were not using their best efforts to resolve the matter. In my experience the judge typically dismisses the case with prejudice and gives the Plaintiff's attorney's a ear full.. I also usually send a letter in writing that tells them I wish not to be contacted by phone and all communication between their company and myself should be in writing via USPS. Once they sign that mail receipt , they can not legally call you. This also keeps all communications in writing, which is always useful in your case. Only use this if you really believe the debt was fraudulently conceived. (I am not a attorney, just someone that has been down this road, a lot and I wish I had known all this when I walked into my first case. I hope that this helps at least one person)