Validation Letter (#1):

Date

Re: Acct # 0000-0000-0000-0000

Dear Name of CA:

This letter is being sent to you in response to your attached letter.

This is not a refusal to pay, but a notice that your claim is disputed.

This is a request for validation made pursuant to the Fair Debt collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received.

Please be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending an unsubstantiated demand for payment though the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

I suggest you and (insert name of original creditor) get your records in order before I have to target you for legal action.

Best regards,

Your Name


- - - Include the following on a separate sheet of paper with letters #1 and #2 - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

__/__/__
Date

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

Validation Follow-up (#2) -- sent if #1 is ignored or receives an unfavorable response:

Date

Re: Acct # 0000-0000-0000-0000

Dear Name of CA:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,

Your Name


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

__/__/__
Date

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

Estoppel Letter (#3) -- again, if no favorable result:

Date

Re: Acct # 0000-0000-0000-0000

Dear Name of CA:

As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute dated December 5, 2000 and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2) What is your authorization of law for your collection of information?
3) What is your authorization of law for your collection of this alleged debt?
4) Please evidence your authorization to do business or operate in the state of Florida.
5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter (with return receipt) will begin my small claims action against your company. I will be seeking $5,000 in damages for the following:

1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffıs office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Witness My Hand and Seal this 13th day of February 2001.

Your Name

Intent-to-Sue (#4) -- you probably won't get this far -- note: what follows is an example, rather than a template, and must be modified to specifically address your situation:

Date

Re: Acct # 0000-0000-0000-0000

Attn. Office of the Administrator/ Executive Offices AND Legal Department

Dear Name of CA:

I called your office on [date] and spoke to your polite "[name of rep]". I informed her that this call was one last ditch effort to resolve these alleged accounts prior to the filing of a lawsuit. She put me on hold for [x] minutes and returned to tell me that someone will call me back right away. Needless to say you did not call. This is also a demand for $1,500 in damages sustained by your blatant and willful disregard (willful and negligent noncompliance) for State and Federal Law.

NOTICE OF INTENT TO SUE

It is a well settled legal principle that all efforts to resolve a dispute must be exhausted prior to filing a lawsuit. This notice is to serve that purpose.

Your willful and negligent non-compliance reached diseased proportions a long time ago. This notice is to inform you that legal action is now immanent. The information you are supplying to your collection agencies is inaccurate and has been in full dispute for over 1 year.

Due to the blatant and willful violations I am currently in the process of filing complaints with the Better Business Bureau, the Federal Trade Commission and the State Attorney Generalıs Office. Your failure to cure will result in a lawsuit, possibly filed in Federal District Court for Statutory, Compensatory and Unspecified Punitive damages, in demand of a jury trial. I also intend to subpoena all 15 of your people I've already spoken to in an effort to resolve. [Names of creditor and collection agency] are in violation of (but not limited to) the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Defamation Of Character and Willful and Negligent Noncompliance, as well as the FTC's Unfair Trade Practices Act.

WARNING!

Section 1681s-2(b) of the Fair credit Reporting Act creates a cause of action for a consumer against furnishers of erroneous credit information (Nelson v. Chase Manhattan).

YOU, AS THE ORIGINAL CREDITOR ARE LIABLE FOR THE ILLEGAL ACTIONS OF YOUR COLLECTION ASSIGNEES.

There IS cause for action on my part. I have been denied credit because of this erroneous entry, lost opportunity and suffered financial damages.

Final Offer To Cure

Send me the following documents via fax:

1) A letter stating that this account was turned to the collection agency, IN ERROR and that you have retracted the file. That all derogatory information will immediately and permanently be deleted from ALL credit files.

2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al.

I am now in demand of $1,748.49 for the the work, pain and suffering already expended to help you correct your books.

Please don't further insult my intelligence by stating it may take 60-90 days. Your instruction, via fax, to CA1 and CA2 will take 10 minutes. They will spend 5 minutes filling out a UDF and another 5 minutes faxing it to the credit bureaus.

If you wish to notify me that you are agreeing to these terms of resolution you must fax your intent to my office NO LATER than close of business [DATE].

As you have seen, I keep very thorough records. Do I expect you to drop everything else you happen to be doing and resolve this immediately? ABSOLUTELY! I have been fighting you people for a year and a half and it WILL stop THIS WEEK!

My lawsuit will be filed on [DATE].

I look forward to your resolving this matter immediately, if not sooner.

Respectfully,

Your Name

Enclosures