Example Of Demand To Validate Debt Under Federal & State LawSubmitted by Brian Frank on Fri, 11/02/2012 - 14:32
111 happy trail
goodness, OK 47839
VIA CERTIFIED MAIL
3900 Wisconsin Avenue, NW
Washington, DC 20016-2892
DEMAND TO VALIDATE DEBT UNDER FEDERAL & STATE LAW
Homeowners Mortgage Enterprises, Inc.
Mortgage Electronic Registration Systems, Inc
Washington Mutual Bank, FA
Wells Fargo Home Mortgage
Wells Fargo Bank N.A.
Rogers, Townsend &Thomas, PC
Acct # ********23
To Whom It May Concern:
I am sending this letter in response to a written notice that your offices claimed that I owe a certain debt to you or to a company you are affiliated with.
In order to prove the debt, I must have a signed and sworn statement before notary public under penalty of perjury by a person having firsthand knowledge of the indebtedness and stating that the
reported indebtedness was a legal indebtedness under all applicable state and federal laws, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, and furthermore
swearing that this purported debt is not now nor ever has been part of any tax write off scheme nor insurance claim. Please be advised that I am requesting validation and competent evidence that I had
some contractual obligation sans consumer protection encumbrance whereby I incurred the original claims associated with this purported debt.
1. Who or what is the current legal owner of the debt? If your company is the owner then provide proof of the proper transfer of the debt to your company.
2. Does your company have the original paperwork that established and created the debt obligation?
3. Who or what is the name and address of the original lender of the debt? What is the date of the origination of the debt?
4. Provide a copy of all written agreements that establish the debt. Provide a copy of all written agreements allegedly signed by me as it relates to the debt.
5. Provide a complete list of all owners of the debt, including the date of transfers or assignments of the debt.
6. Provide a written statement in which you declare that the applicable statute of limitations has not run on this debt thereby establishing you are legally entitled to collect the debt.
7. Provide an accounting of all payments made against the debt and an accounting of all fees, charges,costs, legal fees, penalties, and interest charged because of the debt.
8. Provide a verification or copy of all legal papers filed against me in an effort to collect the debt, including any judgment that has been obtained against me as it relates to the debt.
9. Provide proof that you have filed all necessary paperwork with the appropriate agencies that allow you to collect debt from me in my home state or my home city. Include your registration and/or license numbers.
10. Provide each and every time your company has filed a report with any of the credit bureau as it relates to my credit report. Provide the exact content of each report filed with any of the credit bureaus
as it relates to my credit report.
Please be advised that under the Fair Debt Collection Practices Act, I am authorized to demand that you not contact me by telephone nor at my place of employment by any means whatsoever. If you wish to communicate with me, you may do so only by U.S. mail and only at my place of residence. Your failure to provide such information as I request in a timely manner may constitute prima facie evidence of intent to defraud, intimidate or coerce me and to deprive me of my civil rights.
Please be advised that any contact made by your firm with any 3rd party firm or entity regarding this issue absent compliance with each and every part of this demand for validation may constitute
violation of the FDCPA and the FCRA and may constitute grounds for civil or criminal action or complaints being filed against you. I do hope that you can understand and that we can settle this matter in an amicable fashion at the earliest possible moment.