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  1. #1
    Join Date
    Aug 2011
    Location
    FL
    Posts
    6

    Cool Debt Validation Letter

    My question involves collection proceedings in the State of: FL

    How is this for a debt validation letter: (I was served by a summons to respond within 20 days, could I send this to the court and creditor and would it be effective?) and would this be a valid answer to a breach of contract and unjust enrichment complaint?

    To Whom It May Concern:

    I am sending this letter to you in response to a notice I received from you on XXXXXXX. Be advised, 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).

    I respectfully request that your office provide me with more details about this debt. These details will help me validate the debt, and if it is indeed valid, address an equitable remedy. An equitable remedy may include a possible offer of a reasonable lump sum to settle such a claim, and an agreement to not pursue any further legal action, as well as reporting the debt as having been satisfied. Please note that any offers to settle are requested in writing.

    Please provide me with the following:

    • The amount you or the parties you represent (XXXXXXjunkdebtbuyer) paid for the debt, and/or were assigned to collect on their behalf.
    • A signed copy of the original contract between me and the original creditor (xxxxoriginalcreditorxx) that says I owe you or your parties this debt.
    • Any settlement offer you would consider to settle such a claim in lieu of court.

    This letter is to provide any information that will assure me of the further legality of your collecting this debt, and that this is done fairly, as well as to offer an equitable remedy.

    Be advised I have consulted legal counsel regarding this matter.

    Please send any relevant documents to the FAX number listed below.

    ///* is this firm and polite enough to get a case dismissed or settled?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Debt Validation Letter

    You are long past a validation letter if you were served with a summons. You need to address the summons or you will end up with a default judgment against you.

    beyond that:

    • The amount you or the parties you represent (XXXXXXjunkdebtbuyer) paid for the debt, and/or were assigned to collect on their behalf.
    that is none of your business. If the debt was purchased, the new holder has the right to collect the entire amount of the debt.

    • A signed copy of the original contract between me and the original creditor (xxxxoriginalcreditorxx) that says I owe you or your parties this debt.
    In a validation letter, you are not entitled to this information. They can provide it if they wish but have no obligation to do so. If dealing with the lawsuit, while not in proper form, this is one thing you might consider demanding through discovery.


    ///* is this firm and polite enough to get a case dismissed or settled?
    If that is all you send, it is enough to get a default judgment entered against you.

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