If National Recoveries is attempting to collect from you for a debt that you don’t believe you owe, you can use the rights provided to you through the Fair Debt Collection Practices Act (FDCPA). The FDCPA was enacted by Congress to serve as a guide for both the consumer and the debt collector during the debt collection process and to ensure fair debt collection practices. The FDCPA allows you to dispute a debt and ask for validation or verification of it. When you make your written validation request, National Recoveries must cease collections until they have been provided with the documents you have requested to validate the debt. When asking for validation, you can request a copy of the original debt agreement, the total due on the debt, and proof that you are responsible for the debt.
Drafting Your Letter to National Recoveries
If you believe National Recoveries is trying to collect a debt that you don’t owe them, you should consult with an FDCPA attorney who practices in the state where you live. Your attorney will gather records and evidence on your behalf. The lawyer will send that supporting documentation with a dispute letter to request validation of the debt from National Recoveries. The letter will adhere to FDCPA guidelines. Your letter will request specific documents to validate the debt. From the time you receive initial notification of the debt, you have 30 days to either dispute it or ask for validation of it. The laws don’t specify how long the collection agency has for responding to your request, but you can set a time limit in your letter. Usually, you would say you must respond to my request within 30 days. That way, if they don’t respond to your letter within that 30 days, the debt hasn’t been validated and they must permanently stop collections.
Actual Sample Letter
I ask National Recoveries to provide me with information regarding this debt and include the account number or reference number. I also ask for validation of this debt. This request is being made based on the rights provided to me by the Fair Debt Collection Practices Act 15 USC 1692g Sec. 809(b). I am demanding proof showing that I am indeed responsible for the debt in question, including the name of the original creditor, a copy of the agreement you have with the creditor authorizing you to collect this debt, proof of the debt amount, the original agreement with the creditor, and if applicable, any information about a judgment for this debt. Also, I ask for the payment history on this debt, proof of the amount of the last payment and when this payment was made, and evidence that shows the Statute of Limitations for collecting this debt has not yet expired. I also request a copy of National Recoveries’ license to collect debts in this state.
If National Recoveries fails to provide me with the information that I have requested, or if they fail to validate my debt within 30 days of the date of my letter, all references to the debt in question must be deleted. You must remove it from my credit history. All collection activity must stop. Failure for a timely response to my request will indicate that you are making an implied agreement to reimburse me for any legal fees, such as attorney’s fees and court costs, that I would have if I advance to court with this matter. You should sign the letter at the conclusion.
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Talk to an Attorney Today
If National Recoveries is attempting to collect a debt from you that you don’t think you owe, you should schedule a consultation with an FDCPA attorney who practices in your area. You only have 30 days from the date of notification of the debt to act. You must follow promptly and ask for all the proper information and documentation. Otherwise, you might be left with a debt that you weren’t responsible for on your credit record. In that case, National Recoveries will be continuing with collection attempts. The FDCPA was enacted to help consumers like you when you are facing unethical debt collection tactics, so talk with an FDCPA lawyer today.
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*Disclaimer
The content of this article serves only to provide information and should not be construed as legal device. If you file a claim against National Recoveries or any other third-party collection agency, you may not be entitled to any compensation.