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REQUEST FOR VALIDATION
[Your
Name]
[Address]
[City state ZIP]
[Collector]
[Address]
[City State ZIP]
[Phone number]
[Date]
Re: __________________
Account Number: __________________
Greetings:
Thank you for your recent inquiry. This is not a refusal to pay, but a
notice that your claim is disputed. This is a request for validation made
pursuant to the Fair Debt Collection Practices Act. I dispute your debt
collection-related allegations, deny the same, and demand strict proof and verification
thereof.
Please limit your communication with me to writing
only. If I receive any telephone calls from your company, I will consider
them to constitute harassment. Please be advised that unwanted telephone
calls are a class 1 misdemeanor in this state and I will file a complaint against
the caller with the attorney general’s office. I maintain a telephone
log of each phone call and in some cases, make an audio recording when necessary.
Be advised that you have the right to remain silent.
If you ignore this notice and contact me by telephone, you and your employees
agree to allow me to make an audio recording of our conversation and you and
your employees agree to allow the recording and any other information obtained
to be used against you and your employees in a court of law. I will accept
only your written communication.
Be advised that I am not requesting
a "verification" that you have my mailing address, I am requesting a "validation;"
that is, competent evidence that I have some contractual obligation to pay you.
You should also be aware that
sending unsubstantiated demands for payment through the United States Mail System
might constitute mail fraud under federal and state law. You may wish
to consult with a competent legal advisor before your next communication with
me.
Your failure to satisfy this
request within the requirements of the Fair Debt Collection Practices Act will
be construed as your absolute waiver of any and all claims against me, and your
tacit agreement to compensate me for costs and attorney fees.
Best regards,
[Subscriber]
CREDITOR DISCLOSURE STATEMENT
Name and Address of Collector
(assignee):
____________________________________________________________________________
Name and Address of Debtor:
____________________________________________________________________________
Account Number(s):
____________________________________________________________________________
What are the terms of assignment
for this account? You may attach a facsimile of any records relating to
such terms.
____________________________________________________________________________
____________________________________________________________________________
Have any insurance claims
been made by any creditor or assignee regarding this account?
Yes / No
____________________________________________________________________________
Has the purported balanced
of this account been used in any tax deduction claim?
Yes / No
____________________________________________________________________________
Please list the particular
products or services sold by the collector to the debtor and the dollar amount
of each:
____________________________________________________________________________
____________________________________________________________________________
Upon failure or refusal of
collector to validate this collection action, collector agrees to waive all
claims against the debtor named herein and pay debtor for all costs and attorney
fees involved in defending this collection action.
X________________________________
_________________
Authorized Signature of Collector Date
Please return this completed
form and attach all assignment or other transfer agreements that would establish
your right to collect this debt. Your claim cannot be considered if any
portion of this form is not completed and returned with the required documents.
This is a request for validation made pursuant to the Fair Debt Collection Practices
Act. If you do not respond as required by this law, your claim will not
be considered and you may be liable for damages for continued collection efforts.
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