If you have a collection on your credit report that is older than 7 years you can dispute the debt and have it removed from your report. Any supporting evidence of the first delinquency you may have will help you achieve these results.
You also have the option to send a special little letter called debt verification letter to the collection agency to push them to provide to you proof of the debt within 30 days of your certified request.
*DO NOT SIGN THIS DOCUMENT* then they have your signature, do not give them proof of anything let them send you the documents !
Here is a sample letter I use to handle this issue
[Current Date]
[Your Name and address]
Attention:
Address of Collection Agency
Re: Acct #[123456789] Or Social # [123-45-6789]
To Whom It May Concern:
This letter is being sent to you because of a letter I received from your company concerning a debt that I owe. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you say I owe including my signature for verification;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action will constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Sincerely,
[Your Name]
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