This is letters is a Cease Contact Letter and a Letter of Debt Validation
2/5/2007
[Your Name]
[Your Address]
[Debt Collector's Name & Address]
Example The Best Service Company
10780 Santa Monica Blvd Ste 140
Los Angeles CA 90025-7613
RE: [Bank] [account number as it appears in the
letter they sent you]
I am writing in regard to your request for an
alleged debt collection. I am informed that you must validate the
alleged debt. Please be
advised that I am not requesting verification that you have my
mailing address, or any other contact information.
I am however requesting that you please forward within the
customary period to provide verification of all data regarding the
establishment of this trade line including the applicable signed
origination papers that contain my signature, certification of your
company’s right to continued debt collection in the [go to your
State's Attorney General's website and find out if what they need to
collect a debt in your state] State of Texas (Texas Statute §392.101
Surety Bond Requirements), documentation establishing your continued
right to collect as well as any supporting contracts related to any
debt transferal, a line-item debt and credit summary of the
account’s history, or
any other clear substantiation of its origin, legal assignation that
bears my signature.
Cease Contact
I also herby request in writing to refrain any
phone contact at my place of work, home, or personal mobile phone.
Messages from your office are kept on the my Office's messaging
system. My employer
does not allow any type of personal matters to be handled via
telephone. I hereby request that all communications pertaining to
this debt or any other matter be sent via postal mail, as is my
right under Federal and State statutes.
Failure to provide such validation or failure
to disregard my request for Postal Mail contact only,
will abridge my civil
rights.
Thank you for your cooperation regarding this
matter and for protecting my legal rights in accordance with Federal
and State consumer protection statutes
Signed this day,
[Your Name] (never sign your name just type it, again to protect yourself, you never know what these people are up to)
Always send the information via certified mail.
I promise you they will stop calling, by sending the information
certified mail you now have proof that you told them to stop calling
you. If they keep calling you, you can now file a complaint with
your State Attorney General's Office and they could be sued by your
state. More than likely they will stop calling you.
The Theory behind the debt validation
This letter serves two purposes.
The first is that they will stop harassing you!
Don't be scared to send this letter even if you get a letter from an
attorney. Most debt collectors use attorney offices to try and scare
you. Most people who see a letter from an attorney get frightened
and think their life is over the fact of the matter is that you can
get sued, but it’s not likely unless you owe a huge sum of money to
one debtor. In other words if you owe a couple of thousand dollars
it will not outweigh the cost of taking you to court, especially if
they are located in a different state from where you are located in.
They have to file in your County of residence if they want to sue
you, this means their attorneys have to travel to your County and
the cost add up fast. Plus a credit card debt is unsecured debt,
meaning you didn't promise to give them your house or your car if
you couldn't pay off your credit card, you only gave them your good
word. In all cases your good word translates to getting burned by
the debt collector on your credit bureau report.
The second purpose of this letter is that once
the original debt holder sells your account to a debt collector they
don't keep all of your information. I have received responses to the
letter above, but they come incomplete. Most debt buys are horrible
record keepers and in order for it to be a valid debt they must
satisfy all of the items you requested. For example if they reply to
you with a ton on statements well it’s not valid because they never
sent you a signed agreement with your signature. This is what
happens according to a lot of sources on the internet
When you owe a bank like Chase or MBNA they charge of your debt as a bad debt, they get a tax break at the end of the year from the IRS for having a loss. Then they sell your account to a debt collector for pennies on the dollar. I have heard that they sell your account for as little as 10 cents to a dollar. This means that if you originally owe $1,000 to MBNA they might have sold your account to a Debt Collector for about $100.00, but the Debt Collector is going to try to harass you and embarrass you, perhaps even threaten you to collect the full amount. This is why if you wait long enough you can "settle for with them for significantly less than what you originally owed them. You start to receive Settlement Offers in the mail from them, but if they can’t prove that it’s you debt then don't pay them, because it could be someone else with your same name. If it is your debt this is your opportunity to stop the stress by paying them at a much lower dollar amount than what you originally owed.
This page contains contact information for about Credit. Please keep in mind that this is not intended to be any legal representation of any kind nor did this information come from a certified legal professional. This is information submitted to us by people who want to help each other out. Use this information at your own discretion, we are not liable for any damages that might occur from the usage of such free information, if you feel the need to contact a legal counsel please do so before dealing with a debt collector or attorney.