Debt validation letter

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  • Publicado : 20 de junio de 2011
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Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am continually beingcalled on the telephone by your firm over an alleged $9000 debt. According to the information given to us by your firm, the date of last activity by the original creditor is July of 2002. The SOL onthis alleged debt, even should it be ours, is 5 years in the state of Illinois. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conductingcollection activities on zombie debt.
I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violatedprovisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:
[15 USC 1692e]
(2) The false representation of --(A) the legal status of the alleged debt
and
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
I am also doubtful thatyou would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit ReportingAct as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.
Under the FDCPA I am also invoking myright to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activiets.
Please remove this accountimmediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that...
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