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Below is a sample debt collection dispute letter that consumers may use to dispute a debt.1
Today’s Date
Your Name
Your Address
Collector’s Name
Collector’s Address
Dear (insert first name of collector or company),
I am writing in response to your (letter or phone call) dated (insert date), (copy enclosed) because I refute your claim that I owe the debt in question.
The Fair Debt Collection Practices Act (FDCPA), [15 U.S.C. § 1692g], Validating Debts states:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
(1) The amount of the debt;
(2) The name of the creditor to whom the debt is owed;
(3) A verification of the debt, or copy of any judgment (if applicable); and,
(4) Proof that you are licensed to collect debts in New York.
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
- Because I have disputed this debt in writing within 30 days of receipt of your phone call/letter, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense.
- You cannot add interest or fees except those allowed by the original contract or state law.
- You do not have to respond to this letter. However, any attempt to collect this debt until you have validated it violates the FDCPA.
Also be advised that I am maintaining very accurate records of all correspondence from you and your company and I will not hesitate to report violations of the law to the New York State Attorney General, the Federal Trade Commission and the Better Business Bureau.
I have disputed this debt; therefore, you are on notice that your debt information is inaccurate. Thus, if you have reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.]. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the creditor so that they are also aware of my dispute with this debt.
Signature here
Your Printed Name
[1] http://www.fair-debt-collection.com/Disputing_Collections/initial-dispute-letter.html (last visited August 11, 2008).