If you are unsure of a debt that a collector has contacted you about the first thing you must do is send a debt validation letter to the collection agency that is constantly calling you. The purpose of the letter is to make sure the collection company has rights to collect money from you in the first place.
Suppose you paid the debt collector. Later down the road, the original creditor calls you and says you still owe the money that you paid the creditor because they were not related to the collection agency in anyway.
This is where debt validation kicks in. According to the Fair Debt Collections practices act you have a right to make an agency validate a debt. The purpose of this act is to protect consumers that constantly deal with collection agencies. You have 30 days from the day you first talk to a debt collector to send a validation letter. If you do not do this your rights will not be protected.
Below is a sample of an appropriate validation letter to send to a collections agency.
Smyth & Proctor Collection Agency
1700 East 33rd Street Baltimore, MD 21251
To Whom It May Concern,
My name is First Last. I am writing you because I was recently contacted from this company about a debt that your company claims I owe. This is NOT a refusal to pay but I do not recall ever having doing business with this company and I am uncertain if you can legally collect monies from me for this debt.
The fair debt collection practices act, 15 USC 1692g Sec. 809 states that I have am allowed to dispute this debt. I have chosen to exercise this right. I am, therefore, choosing to exercise this right as much as I legally can.
On that note I am requesting that you send me these documents as verification of the debt: the name and address of the original creditor, how you calculated the amount you say I owe you, and the license that you are legally able to operate in my state.
I am aware of my rights under the fair debt collection practices act which states that you cannot attempt to collect the debt from me until you validate this debt. I am also aware you're your company is not allowed to place negative/derogatory/misleading information on my credit report. If I find out that you have violated this right I will call my lawyer and take legal action.
If I do not receive a response about this matter in 30 days you no longer have a right to attempt to collect a debt. You are also not allowed to communicate with my spouse, lawyer, or anyone I have relationships with; this is the law please respect my legal rights.
From this point forward you are only to contact me in writing at the address on this letter. The purpose of this letter was to get you to fix your records for an account that I am legally disputing.
Sincerely,
First Last
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