Debt Validation Request and Debt Past Statute of Limitations
Written by: Kristy Welsh
Use This Sample Letter When Requesting Validation of Debt
You received a letter from a debt collector and then you sent them a debt validation request. They have ignored your letter and are still continuing collection activity against you. You also realize this debt is past the statute of limitations in your state. Now it's time to get tough, so you need to send them the following letter.
Debt Collector Address
RE: Account #:
To Whom it May Concern,
I recently sent you a request for debt validation on because you are reporting a collection account on my credit report. I sent this request certified and got the green card in the mail dated .
In response I received a collections letter. In this letter, you mentioned that the date of last payment on this account was .
There are two items which need to be addressed immediately:
- Your company is now in violation of the Fair Debt Collection Practices Act because you failed to provide debt validation and you then continued collection activity. I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated.
- The statute of limitation in California is 4 years. It's been 5 and a half years since this debt was active. Therefore, you've racked up a second FDCPA violation for mis-representation of the debt as collectible.
(2) The false representation of --
(A) the character, amount, or legal status of any debt;
Reporting this on my credit report is considered collection activity and therefore you are implying this debt is collectible, when it is not.
The violations of the FDCPA carry a fine of up to $1,000 plus actual damages.
In addition, you are reporting this account on my Experian and TransUnion credit report when it is now non-collectible debt and I am sure you have no documentation proving you've purchased or been assigned this debt. That's an additional $2,000 in fines under the FCRA for inaccurate reporting to the credit bureaus.
I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.
Your immediate attention to this matter is appreciated.
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