Hannah Locklear | April 11, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: Follow these three steps to make a Debt Validation Letter: assert your rights, request validation, and mail the letter within 30 days of initial contact with the collector. If a debt collector cannot prove all their claims, with documentation as evidence, they must cease communications with you until they can validate the debt.
As household debt in the U.S. rises to $17.29 trillion in 2024, with increases across mortgage, credit card, auto loan, and student loan balances, it’s essential for consumers to manage and challenge potentially erroneous claims from debt collectors.
As consumers battle debt collectors, oftentimes they discover they don't even owe the debts they're being hounded for.
The savviest consumers fight off collectors by sending a Debt Validation Letter. This article will show you how to make and send a Debt Validation Letter and why it can help you get debt collectors off your back once and for all.
Don't like reading? Watch this video instead.
A debt validation letter is a written request you send to a debt collector asking them to provide evidence that the debt they claim you owe is indeed yours and is valid. It is your first chance to assert your rights before debt collectors.
If a debt collector has contacted you about a debt, you should respond with a Debt Validation Letter within 30 days of initial contact.
A Debt Validation Letter is a type of legal demand letter that asserts your rights listed in the Fair Debt Collection Practices Act.
According to § 809(a) of the FDCPA, a debt collector must provide the following five points within five days of attempting to collect on a debt:
So, the debt collector must provide these five points within five days of contacting you about the debt. Then, you have 30 days to send them a Debt Validation Letter if you dispute any aspect of the debt, as outlined in § 809(b) of the FDCPA, which states:
“If the consumer notifies the debt collector in writing within the thirty-day period . . . that the debt, or any portion thereof, is disputed . . . the debt collector shall cease collection of the debt . . . until the debt collector obtains verification of the debt . . . and a copy of such verification . . . is mailed to the consumer by the debt collector.”
So, if a collector doesn't provide these five points within five days of initial contact, or if they continue to contact you without validating the debt upon request, then they've violated the FDCPA and you can sue them for $1,000 or more. If you don't send the letter within 30 days, you can still send it — but it may not be as powerful.
The graphic below illustrates the timeline you should follow when sending a Debt Validation Letter.
SoloSuit's Debt Validation Letter makes it easy to respond to collectors.
Sending a Debt Validation Letter can be a simple and straightforward process. Begin writing the letter by adding the contact information for you and for the debt collector. Specify how you were contacted, and provide info to help the collector identify the debt.
Next, follow these three steps to make up the bulk your Debt Validation Letter:
Let's take a minute to explain each step in detail.
Since a Debt Validation Letter is a type of legal demand letter, yours should cite some law to make it sound more legit. Quoting the FDCPA will show the debt collector that you mean business.
Here are some other specific legal rights you you can assert in your Debt Validation Letter:
It's easy to make these points with SoloSuit's Debt Validation Letter.
You can close by threatening legal action — legal action for the debt collector violating the FDCPA or for harassing you. Threatening legal action is nearly always a good move.
Next, make the collector validate your debt. You should ask the collector to provide the following information:
These are just some of the demands for validation you should include. The bulk of your letter will be requests for validation. For example, SoloSuit's Debt Validation Letter is three pages long, and mostly contains requests for validation of specific aspects of the debt in question.
To send the letter, you need to print the letter and mail it via a trackable method. This means you need to have access to a functional printer, and you need to know how to use the post office.
We've found mailing via USPS Priority Mail is usually the best option. It provides a tracking number, arrives quickly, and costs a predictable $7.50.
You might also consider mailing via USPS Certified Mail with a return receipt, but certified Mail is a huge hassle. It takes forever to prepare, and it takes forever to arrive. Return receipts seem only like a good way for USPS to make a few extra dollars. There is no evidence they are any more valid in court than a tracking number showing the document has been delivered. Signature requests provide a way for a recipient to impede delivery. So, we recommend you just stick with Priority mail.
Generally, the letter should be mailed to the person most immediately attempting to collect the debt. This may be an attorney or collections firm working for the creditor or bank.
SoloSuit can take care of all of this for you. Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it. Just answer a few questions online, and our software will generate a personalized Debt Validation Letter for you.
Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
To understand why a Debt Validation Letter is so important, it's helpful to understand how the debt collection process works.
Banks and lenders sell unpaid debts to debt collectors for 4% of the value of the debt on average. Debt collectors then attempt to collect the debts from consumers. If they are unsuccessful, they may file a lawsuit to collect the debt. Frequently, the sale from the bank to the debt collector is poorly documented. So, the debt collector may be unable to verify they own the debt and unable to verify who owes the debt.
If you send them a Debt Validation Letter, it makes it more difficult and more expensive for them to collect the debt. They need to keep their costs low to be profitable. This letter raises their costs, making it more likely they will fold.
In some few cases, it may be a good strategic move to lie low and not send a Debt Validation Letter. This may be a good option if the statute of limitations is nearing expiration. That said, we generally believe this strategy is dubious.
Another benefit of the Debt Validation Letter is that it can make the calls stop. It can do this in two ways:
Example: Diana receives a letter from a debt collection agency claiming she owes more than $5,000 in old credit card debt. She doesn't remember owing any money on a card, so she decides to send a Debt Validation Letter to the collectors. The collection agency purchased the debt from the original creditor, US Bank. Fortunately for Diana, the collectors cannot find the documentation that proves Diana owed the debt to the original creditor before they purchased it. Because of this, the debt collection agency must cease collection efforts, and Diana is off the hook.
SoloSuit's Debt Validation Letter template allows you customize a letter to your case and debt circumstances. Our Debt Validation Letter has proven to stop debt collectors in their tracks, and the best part about it is it only takes a few minutes to draft online.
Just respond to a few questions regarding your debt, and SoloSuit's software drafts the letter for you. It's really that simple.
If you are on a tight budget, you can use this template, courtesy of SoloSuit:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, State, ZIP Code]
Re: [Account Reference Number, if available
Dear [Debt Collector's Name],
I am writing in response to your [letter/call] dated [date of the collector's communication, if available], regarding the alleged debt. Under the Fair Debt Collection Practices Act, Section 809(b), I am requesting validation of this debt.
Please provide me with the following information:
I would like to remind you that until this debt is validated, all collection activities must cease. This request is not an acknowledgment of the debt, but a statement of my rights to dispute the debt until it is properly validated.
Thank you for your attention to this matter. I expect your response within the legally mandated timeframe.
Sincerely,
[Your Name]
Here are some frequently asked questions about debt validation and how the Debt Validation Letter can benefit regular consumers, like you.
Yes. Nearly every time someone is contacted by a debt collector about a debt, they should respond with a Debt Validation Letter. The letter forces the collector to treat you with respect and to get serious about the matter.
49 percent of all complaints filed with the FTC about debt collectors state the debt collector attempted to collect a debt that wasn't owed. And 53 percent of people who are contacted by a debt collector say they're being contacted about a debt they don't owe or a debt of the wrong amount.
So, lots of people are being hounded by debt collectors for money they don't owe. The Debt Validation Letter is your guardian.
If you don't dispute the debt then “the debt will be assumed valid by the debt collector,” according to the FDCPA. That's not good. By not filing a Debt Validation Letter, you are sacrificing your rights.
Here are reasons why a Debt Validation Letter is beneficial in nearly all encounters with a collector:.
SoloSuit's Debt Validation Letter helps you take advantage of your situation.
If a debt collector doesn't validate the debt after receiving your Debt Validation Letter, then they have violated the FDCPA. If the debt collector didn't include those five points, mentioned above, in a correspondence within five days of first contacting you, then they violated the FDCPA. You can sue them for $1,000 for each violation. You can also report them to your state's attorney general, the FTC, and the Consumer Financial Protection Bureau (CFPB).
Sometimes a debt collector will successfully validate the debt. Even if they do this, you don't have to pay off the debt entirely. You have a few options.
Generally, the first two options are best.
Yes, a Debt Validation Letter is a great way to verify a medical debt.
It's not uncommon to receive a medical bill for a balance that you already paid off or for a debt that is so old, you don't even recognize it. Medical institutions are required by law to prove the debt is valid in order to report it to the credit bureaus or take you to court over it.
Additionally, scammers frequently send out mass notifications claiming all the recipients owe money for medical services. Sending a Debt Validation Letter will stop these fraudsters in their tracks.
Basically, these three letters are really the same thing. Sometimes a Debt Validation Letter is called a debt verification letter or a debt dispute letter. The FDCPA doesn't specify these names, and it uses the words “validate” and “verify” interchangeably. At SoloSuit, we call the letter sent by the consumer to the debt collector the Debt Validation Letter because that's what most regular people call it.
Technically speaking, the debt verification letter (also known as the debt dispute letter) is the document sent by the consumer to the debt collector. And the letter sent by the debt collector to the consumer to show proof of the debt is the Debt Validation Letter. But like we said, these terms are used interchangeably.
In reality, the correspondence between a debt collector and a consumer is messy. There may be multiple letters, interspersed with phone calls and emails.
Example: Jeremy gets a phone call from a debt collection agency about an old credit card debt with American Express. He's skeptical about the amount they claim he owes. Jeremy sends a Debt Validation Letter (also known as a debt verification letter or debt dispute letter) to the collection agency within 30 days of their first phone call. The collection agency must respond with a Debt Validation Letter that outlines details of the debt or cease collection efforts with Jeremy.
Sending a Debt Validation Letter to a debt collector forces them to validate your debt before they can continue collection efforts.
Here’s consider an example of how a Debt Validation Letter works.
Example: Ariana received a phone call from Eilish Collections, LLC. Her iPhone identified the number as “Scam Likely” but she answered anyway. Eilish tells Ariana, that she owes Eilish $3,000 for a credit card debt with American Express. Ariana hangs up. 7 days later, Ariana receives a letter documenting the amount and the creditor of the debt; it notifies Ariana of her rights under the FDCPA. Ariana doesn't want to pay the debt, so three days later, she mails Eilish a Debt Validation Letter from SoloSuit. Eilish sends a letter stating they made a mistake and are unable to validate the debt.
In this example, Eilish violated the FDCPA by not providing information about the debt within five days. Ariana did the right thing by responding with the Debt Validation Letter. And in the end, Ariana got off the hook.
Here are two important steps to follow after sending a Debt Validation Letter.
If you don't dispute the debt then “the debt will be assumed valid by the debt collector,” according to the FDCPA. That's not good. By not filing a Debt Validation Letter, you are sacrificing your rights.
It's like a pesky ex-boyfriend who thinks if he texts you “I love you” and you don't respond, that means you love him to. And then he keeps texting you. Forever.
The FDCPA states the consumer must notify the collector “within thirty days.” It doesn't say what happens if the letter is sent after the 30 days. As far as we know, the letter can still have some sway, but it won't be as powerful.
The FDCPA also states “the failure of a consumer to dispute the validity of a debt” doesn't constitute “an admission of liability” for any future lawsuits. So, if you don't send a Debt Validation Letter, you can still win a later lawsuit, and in that lawsuit, it is still up to the collector to prove you owe the debt.
After you send a Debt Validation Letter, the debt collector can only contact you for one of the following reasons:
This is outlined in the Fair Debt Collections Practices Act, 15 USC 1692g §805(c), which states:
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.”
SoloSuit asserts the right sections of the FDCPA for you.
Yes, they do. When a debt collector receives a Debt Validation Letter, they are legally required to provide validation of the debt. Debt Validation Letter's work best when they include a cease and desist clause that forces a lawsuit. This increases the cost of collection and makes it more likely the collector will drop the case.
Sometimes a Debt Validation Letter is called a debt verification letter or a debt dispute letter. And the letter sent by the debt collector to the consumer to show proof of the debt can be called a Debt Validation Letter. The FDCPA doesn't specify these names, and it uses the words “validate” and “verify” interchangeably. At SoloSuit, we call the letter sent by the consumer to the debt collector the Debt Validation Letter because that's its most common name.
Even if a collection agency never contacted you, a debt can still end up on your credit report or you still might be sued for the debt. Sometimes people don't hear about the debt until they are sued for it. If you're sued for a debt, you can use SoloSuit to respond to the lawsuit. If you have a debt on your credit report, you can dispute it with the credit bureaus.
This flowchart shows the potential paths a debt collection lawsuit can take:
If you receive a letter from a collection agency, you should respond with a Debt Validation Letter, requesting they show proof the debt is valid. You need to do this within 30 days.
SoloSuit can help you make a Debt Validation Letter in just 3 minutes.
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