The Fair Debt Collection Practices Act, FDCPA, has very strict guidelines as to what debt collectors can and cannot do when attempting to collect on a debt. Collection agencies will try all kinds of underhanded tricks to get you to pay a debt — which might not sound great if you are trying to rebuild your credit.
The dispute process for accounts in collections is clearly detailed in our article Collection and Charge-Off Account Dispute Letters. The letters below can be used when circumstances outside the normal dispute process occur. These letters are samples only and you will need to tailor them according to the circumstances of your case.
- You are NOT required to send proof of identity to creditors and collectors and we do not recommend signing the dispute letter.
- Do not copy these letters without making significant modifications. You will need to tailor the wording of each letter to fit your individual situation. These sample letters are meant to give you ideas on how to structure your own credit dispute letters.
1. Cease and Desist Letter
Owing debt to a collection agency is bad enough — but to then be harassed by them day after day can get downright tiring. As per the Fair Debt Collection Practices Act, if you demand that a collection agency stop contacting you, they must stop.
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
Under the Fair Debt Collection Practices Act 15 U.S. Code § 1692c, it is my right to request that you cease contact with me immediately. With this notice, under the law, you can now only contact me to:
- Advise me that your company’s further efforts are being terminated
- Notify me that your company may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
- Notify me that your company intends to invoke a specified remedy
This includes all contact or communication by telephone or electronic communications, such as email or texts made by your company, representatives, or agents. If your company, representatives, or agents attempt communication with me, members of my family, employers, or any other third parties, it will be considered harassment and I will bring this matter before a judge.
Additionally, if I’m contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violation of the FDCPA.
Sincerely,
Your name
2. FDCPA Phone Violation Letter
The FDCPA can be used to stop calls to your home, work, family, friends, neighbors, and other associates. When debtors receive dozens of calls each day from relentless debt collectors, the end of those calls might be the greatest relief of all.
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
Please be advised that I previously sent you a letter disputing some questionable debts which you claim I owe. That letter also clearly stated my request for you not to contact me, members of my family, employers, or any other third parties by phone (including text messaging) at home, work, or anywhere else.
This letter was sent via certified mail with a return receipt. I have a copy of that receipt. Since you have continued to contact me after receiving that letter, you are now in violation of the FDCPA.
Your violation requires that the account detailed above be removed from all credit bureau reports. Do not contact me again.
Sincerely,
Your Name
3. Zombie Debt Collection Letter
Whether a debt belongs to you or not, once that statute of limitations has passed, it’s “zombie debt” and you are no longer legally required to pay it. That won’t always stop debt collectors from trying to collect on it, though. In that case, it’s up to you to try and stop it.
We feature two letters here. The first is to be used when a collection agency has contacted you about zombie debt, but has not reported the debt on your credit report. The second is to be used when a collection agency contacts you about zombie debt AND has placed the account on your credit report. This is also a re-aging violation.
ZOMBIE DEBT LETTER IF NO NEGATIVE CREDIT REPORT ENTRY
Date
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
This letter is in response to your letter dated (date of notice) concerning the above-referenced account number.
I have checked with my state attorney general and confirmed that the statute of limitations on this type of debt has expired. Therefore, if you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has expired.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Sincerely,
Your Name
ZOMBIE DEBT LETTER IF NEGATIVE CREDIT REPORT ENTRY APPEARS
Date
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
I am continually being called on the telephone by your company over an alleged (fill in the amount) debt. According to the information given to me by your company, the date of the last activity by the original creditor was (date). The Statute of Limitations on this alleged debt, even should it be ours, is (fill in the number) years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on expired or zombie debt.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your company has violated provisions of the FDCPA by implying that the legal status of the debt is collectible. You have done this by reporting the alleged debt to the credit bureaus.
The exact statute:
15 U.S. Code § 1692e
(2) The false representation of —
(A) the legal status of the alleged debt
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report and therefore, you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.
Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.
Please remove this account immediately from my credit report or I will have to take legal remedies, which may include lawsuits and notifying our state attorney general’s office.
Your legal staff will agree that non-compliance with this request could put your company in serious jeopardy with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.
Sincerely,
Your Name
4. Pay For Delete Collection Agency Request Letter
A pay for delete letter lets a collector know you are open to paying off a debt that the collection agency says you owe. This is the letter where you formalize your proposal. Remember, this is not the final step.
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
I would like to offer to settle the above mentioned account in the amount of (insert dollar amount). This will be paid within 30 days of you accepting this settlement offer in writing and agreeing to DELETE (not update) this account completely from any and all Credit Bureaus (Trans Union, Equifax, and Experian) and agree in writing to provide me with a letter of deletion.
(This is optional:)
This is not the only debt I am trying to settle. This is a last effort attempt on my part before retaining a Bankruptcy Attorney. I will not send any payment until I receive written confirmation that you accept the terms of this settlement offer.
I appreciate your time and look forward to your response.
Sincerely,
Your Name
5. Pay For Delete, Formal Agreement to Settle Debt with Collection Agency
In exchange for payment of an agreed amount, you’re asking for a signed contract indicating the collection agency will remove offending negative items such as a credit card collection or debt judgment from your credit report. This is the outline of that formal agreement.
Your Full Name
Address
City, State, ZIP
Account Number: xxxxxxxxx
Collection Agency Name
Address
City, State, ZIP
To Whom It May Concern:
(Insert Collection Agency Name), referred to as COLLECTION AGENCY and (Insert Your Name), referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by the (Insert Name of Original Creditor), hereafter referred to as ORIGINAL CREDITOR.
CONSUMER hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions:
COLLECTION AGENCY certifies that it is legally authorized to act for ORIGINAL CREDITOR on this matter and that any agreement that COLLECTION AGENCY makes on behalf of ORIGINAL CREDITOR is legally binding on the ORIGINAL CREDITOR.
COLLECTION AGENCY and the CONSUMER agree that the alleged debt is $_____________.00 and the parties agree that COLLECTION AGENCY shall accept the sum of $_________.00 as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due, and COLLECTION AGENCY agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier’s check or money order.
Upon payment of the $_______.00, COLLECTION AGENCY agrees to remove any listing or information which COLLECTION AGENCY has placed on CONSUMER’S credit reports. COLLECTION AGENCY agrees to never at any time in the future place any information on the CONSUMER’S credit report relative to this debt.
CONSUMER believes the negative information on CONSUMER’s credit report is damaging and while the exact damage is not currently known, CONSUMER estimates it to be $10,000.00. Should COLLECTION AGENCY fail to remove the listing or reinsert it at a later date, COLLECTION AGENCY agrees to award liquidated damages of $10,000.00 to CONSUMER.
If CONSUMER fails to pay the agreed amount by (insert date), this contract will be immediately terminated.
The person signing this agreement, __________________________________, hereby declares that he/she is authorized to act as an agent of COLLECTION AGENCY.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assignees.
Dated:
Signature: ____________________________________________
Legal Representative of (Insert Collection Agency Name)
Signature: ____________________________________________
YOUR NAME HERE
6. Notify Collection Agency of Lawsuit
If a collection agency fails to provide validation of a debt and if you have kept meticulous records, filing a lawsuit might be an option to consider. And if you do file a lawsuit based on failure to validate a debt, this letter informs the collection agency of the pending lawsuit against them. It provides them one last chance to settle the disagreement by removing the incorrect information on your credit report. It seems all too obvious, but this letter should NEVER be sent until your lawsuit has been properly filed.
Your Full Name
Address
City, State, ZIP
Collection Agency Name
Address
City, State, ZIP
NOTICE OF LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FDCPA SECTION 809
I have repeatedly asked for evidence to support your reporting of the following information on my credit file:
Account Number: xxxxxxxxx
Issue: Unverified Account
You have repeatedly failed to provide me with a copy of proper validation.
Given that I believe you are acting in bad faith and have not complied with the Fair Debt Collection Practices Act, I have filed a lawsuit against you and have attached it to this letter.
I have maintained careful records of your actions and you are now required to appear as summoned:
Venue: (Courthouse Name)
Damages: (Claimed Damages From the Lawsuit)
Court Date: (Provide the date on the filing)
The damages identified above are for violations of the Fair Debt Collection Practices Act, including, but not limited to Section 809. Any additional violations are detailed in the lawsuit.
Before our court date above, if you decide to correct your records and permanently remove the negative and unverified data, please contact me at the address above and I will subsequently withdraw the lawsuit.
Sincerely,
Your name
