Debt Verification Letter
by: Montana Legal Services Association (MLSA)
Federal law protects you from certain unfair and harassing actions by debt collectors. The law is called the Fair Debt Collection Practices Act (FDCPA). Under the law, after a collection agency first attempts to collect a debt from you, you have 30 days to send them a letter requesting proof of the debt. The letter you send is called a "debt verification letter." In the letter, you should explain that you don't think you owe the money or that you disagree about the amount you owe. If you send a debt verification letter within 30 days of receiving the notice, the collector must stop any collection efforts against you until they have verified the debt. They can verify the debt by sending you proof of the debt, such as a copy of the bill. After you are sent proof of the debt, the debt collector may restart collection efforts.
For more information about fair debt collection see the articles:
Fair Debt Collection - Things Debt Collectors Can and Cannot Do
Debt Collectors Won't Leave Me Alone - What Can I Do?
Remember, in order to demand that a debt be verified by a debt collector, you must send this letter within 30 days of receiving written notice from the debt collector. As with any other letters you send to debt collectors, make a copy of the letter and save it in a safe place. Send the letter by certified mail, return receipt requested. Save the certified mail receipt and the green return receipt with your copy of the letter. This proof may be important if you have to go to court later.
This is an example of a letter you can send to a collection agency to ask them for proof that you owe the debt:
(Your name and address:)
________________________
________________________
________________________
(Date of letter:)_________
(Debt collector's name and address:)
________________________
________________________
________________________
RE: (Original creditor's name:)____________________
(Account number:) ___________________
Dear (debt collector's name:)________________________,
In accordance with the Fair Debt Collection Practices Act, I dispute the debt you claim I owe with (original creditor's name:)______________________________________. (account number:) ___________________. I am writing to ask that you verify the debt you are trying to collect from me. I am also asking that you send me the name and address of the original creditor if it is different from the current creditor.
Please investigate this matter. Please stop all efforts to collect this debt and do not contact me until you provide me with accurate verification. Please be advised that you are required by law to notify all Consumer Reporting Agencies to whom you have reported this debt that it is disputed.
Failure to comply with this request is a violation of the Fair Debt Collection Practices Act and may subject you to a lawsuit for damages.
Thank you for your cooperation.
Sincerely,
(Your signature)
(Your name)
Revised 10/05
Call the MLSA HelpLine for legal assistance:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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