Philip D. Stern & Associates, LLC

The Consumer's Dispute Letter

Under the Fair Debt Collection Practices Act, the initial written
communication from a debt collector (collection agencies and collection
lawyers) must notify the consumer of certain rights which can be exercised
within 30 days after receipt. A consumer has the right to dispute the debt,
to request verification of the debt, and to request the name and address of
the original creditor. 15 U.S.C. §1692g.

The verification requirement is rather low and a letter requesting more
detailed information cannot impose a greater obligation under the FDCPA. If
an account has been sold, however, the Uniform Commercial Code allows
the account debtor to request proof of any assignment. U.C.C. §9-406.

Therefore, we generally recommend a simple letter which states:

I am in receipt of your letter addressed to me dated

[

INSERT DATE

]

I dispute the debt. I request

verification as well as the name and

address of the

original creditor.

In addition, please provide me proof of each

assignment of the

account.

If there are particular times of the day when it is inconvenient
to receive telephone calls, you can add: