Send a Debt Validation Letter to an Attorney After Being Sued

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How to Send a Debt Validation Letter After Being Sued

Have you been sued for a debt you supposedly owe?

Before you take action to fight or pay the debt, make sure to request a debt validation letter. This key piece of information is critical to ensuring that you proceed in the proper manner.

You may craft your own request for a and make sure it is sent properly, but provides a simple, automated way to handle this for you.

What Is a Debt Validation Letter?

The Fair Debt Collection Practices Act requires any debt collector to provide you with this type of letter. It describes how much money is owed, how the debt was established, and other information.

If a collector contacts you first via phone, tell them to contact you in writing instead. The debt collector is then required to mail you a within five days.

What Details Will This Letter Provide?

  • Debt amount
  • Name of debt creditor
  • Statement indicating the debt is considered valid by the collector if not disputed within 30 days of first collector contact
  • Statement describing how a debt collector will verify debt by mail if it is disputed or questioned within 30 days
  • Statement indicating that a request for information about the original creditor sent within 30 days must be honored by the collector

Why Do I Need Such a Letter?

Unfortunately, errors frequently occur in the debt-collection world. There have been many cases in which someone paid a debt without realizing the debt was:

  • Not owed by that person
  • Old and no longer valid due to an expired statute of limitations
  • Inaccurately reported as a higher dollar amount
  • A scam

When Should I Expect the Letter?

If you haven't received the debt validation letter within ten days of your first contact with the debt collector, request one the next time the collector contacts you. Request the debt collector's mailing address, too – you will need it if you later decide to request a debt verification letter.

How to Request a Validation Letter

Two sample validation letters are available at the government website Consumer Financial Protection Bureau.

  1. Choose the letter you like best
  2. Copy it
  3. Fill in the required information
  4. Print a copy
  5. Mail it to the debt collector or attorney

What Happens if I’m Sued Without a Debt Validation Letter?

The debt collector or lawyer collecting a debt must provide you with a specific notice within five

days of first communicating with you. Under the Fair Debt Collection Practices Act, the lawsuit itself does not count as communication with you.

  1. Call the lawyer or collector who filed the lawsuit
  2. Ask what this debt is about
  3. Make it clear you never received anything regarding the debt by mail before the lawsuit
  4. Request that information be sent to you
  5. When the letter arrives, you then have thirty days to demand validation

Once requested, the collector may not proceed with collecting the debt (or prosecuting the lawsuit) until the debt has been validated.

If the collector fails to send you anything in writing, they may have violated the FDCPA, and you might be eligible for up to $1,000 in statutory damages plus attorney costs and fees.

How to Simplify The Debt Validation Letter Request Process Using DoNotPay:

If you want to clean up your credit report but don't know where to start, DoNotPay has you covered in 3 easy steps:

  1. Search Clean Credit Report on DoNotPay.

  2. Prepare a recent copy of your credit report that you can use as reference.

  3. Let us guide you through the 4 potential options:
  1. If you've already paid off your debt, we'll help you file a Goodwill Removal Request to get it removed.

  2. If you notice any errors in your report (we have a list of common errors you can use!), we'll help you file a credit dispute to the creditor or major credit bureaus.

  3. If there are no errors, we'll check if you're still eligible to file a debt validation request. If they can't validate your debt, they're required to remove it from your report and they can't collect it!

  4. Lastly, if none of the above options work, we'll help you file a pay-to-delete negotiation letter. You can customize the amount you are willing to pay in exchange for getting the item removed.

You can also check out our other credit products, including Credit Limit Increase, Get My Credit Report, Keep Unused Cards Active, and more! **

Is There an Easier Way to Accomplish This?

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Consult these related articles for advice on similar topics for which we can provide help:

DoNotPay offers an easy, automated way to help you resolve a wide range of problems. We offer many additional services to help simplify your life, including (but certainly not limited to):

DoNotPay offers effective, automated ways to handle a debt validation letter request for you. Let us help simplify your life.

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