Legal Question in Credit and Debt Law in California
Debt Validation Letter
Is this a proper letter?
Dear Resurgent Capital Services:
I dispute the above-referenced debt. Please verify this debt as required by the Fair Debt Collection Practices Act.
While this debt is being disputed, you cannot report this debt to the credit reporting agencies. If you have already reported it to the credit reporting agencies, please contact the credit reporting agencies, inform them that the debt is disputed, and ask them to delete it from my credit report. Reporting information that you know to be inaccurate, or failing to report information correctly, is a violation of the Fair Credit Reporting Act and other applicable laws.
Please provide a copy of the signed contract that created the alleged debt, as well as a full account history and itemization of all charges. I demand proof that your company is legally entitled to collect on the debt, including any and all documents pertaining to this account, such as the purchase contract, proof of payment, and complete chain of title. Please provide me with your license numbers and Registered Agent, proof that the Statute of Limitations has not expired on this account; and please provide proof that you are licensed to collect in my state.
3 Answers from Attorneys
Re: Debt Validation Letter
The letter is fine. You should know that they only have to prove the debt. Also, in California, no license is needed - even if they are in a different state. If the statute of limitations has passed, you may have a claim under the FDCA.
Re: Debt Validation Letter
Have you considered going to law school? Sounds like a great letter. But don't hold your breath!
Re: Debt Validation Letter
It is a very good letter. It is actually a bit more detailed than you need to be, and, unfortunately, they just have to provide validation. No one ever says what validation is so you may not get what you are asking for! But, I like it. Keep it up!
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