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Sample Notice of Claim Dispute

Sample Notice of Claim Dispute

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SAMPLE Notice of Claim Dispute. For study purposes only. Perform your due diligence and adjust to fit your unique situation.
SAMPLE Notice of Claim Dispute. For study purposes only. Perform your due diligence and adjust to fit your unique situation.

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Published by: Tauheedah S. Najee-Ullah El on Feb 07, 2012
Copyright:Attribution Non-commercial

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04/30/2014

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t
Date:;
Delivery
Confirmation: Certified
Mail
Number
NOTICE
AND
DEMAND TO VALIDATE
DEBT
CTAIM
From:
StreetLocation
'
City
&
State
ZipCodeTo:
AddressCity& StateZip
Code
REF:
Your correspondence
purporting
to
allege
a
debt
claimedby:Name
Address
'
City
&StateAllegedAccount
#
Alleged
Balance
5
This is
an
offer
to
fullv
oav/discharee
the
attached claim
of
debt on
the
condition,that
the
claimingoartiescomplv
wjththis
notice
within
3O davs
of
receipt
of
this
correspondence.
NOTICEOF
CTAIM
DISPUTENOTICE
TOAGENT
IS
NOTICE
TO
PRINCIPALNOTICE
TO
PRINCIPAL
IS
NOTICETO
AGENT
APPUCABI.ETO ALLSUCCESSORS
AND
ASSIGNS
*
**
***
*SILENCE
lS
ACqU
IESCENCE**'r'i
*'r'r
NOTICE
AND DEMAND
TO
CEASE
AND
DESISTCOLLECTION
ACTIVITIES
PRIOR
TOVALIDATION
OFPURPORTED DEBT
Pursuant
to
the
truth
in lending
laws
of
the
United
States
Code,
Title
15
I
1601 et.
seq.and
the
Fair Debt
Collection
Practices
Act
lawsof
the
United States
Code
51692
et.
seq.
This
notice
constitutes
a
timely
written
response
to
your
Fair
Debt Collection
Practices
Act
notice
that
you
are
attempting
to
collect
analleged
debt
and is
not
a dishonor
of
your
alleged claim
of
debt.
 
f
This
noticeis my,required
by
law,
demand
to
"cease
and desist''collection
activities
prior
to
validation
of
purported
debt
and
youmust
validate
the
enclosedclaim
of
an
alleged
debt.
You
must
provideverification
that
an
actual
debt
really exists
byproducing
thefollowing:
(1)
The name
and
address
of
the
organization
or other
governmental
unit
alleging
a
debU
(21
Thenarne
and
address
ofthe
person
or
persons
in
that
organization
or
other
governmental
unit
alleging
a
claim
of
a
debt;
(3)
The name
of
the actualcreditor
even
if
that
is
myself;
(41
The
originof
the
funds
used
to
create
this
alleged
claimof
a
debt
(5)
The
actual
records
ofthe
organization
or
other
government
unit
showing
the
time
and
place
ofthe
deposit
and
distribution
of
the
funds
used
to
create
this
allegedclaimof
debt.
(5)
The
actual
records
of the
organization
or othertovernmentalunit
showing
that
an
actualloanwasmade
from the
organizationor
othergovernmental
unifs
own
funds
that
resulted
in
the
enclosed
allegedclaim
of
a
debt.
(71
The
actual
records
of
the
organization
or
othertovernmental
unit
with
a
!!!g
sisnatureon
anvand
all
document/instrument{sl
used
to
allege
the
existence
of
a
real
toan
of fundsor debtfrom theorganizationor othergovernmental
unit
to
myself
or
anyone
elseby
a
similar
name.
(81
Be advised
that
verificationis defined
(ElacKsLaw
Distionary
6s
Edition)
as
follqrs:
"Confirmationof
correctnes.
deoosition".
Affidavit
of
truth
of
matter
statedandobiect
of
verification
is
to
assure
good
faith
in avermerrtsorstatements
ofparty.
(9)
The
actual
records
ofthe
organization
or other
governmental
unit
showing
that
an
honest
disclosure
of
fucts
relating
to
the
alleged
loan was
made
by
the
organization
or
other
governmental
unitin
compliance
with the
truthin
lending
laws
of
the
United
States
Code,
Title
15
51501et.
seq.andRegulation
Z.
(1O)
The
actual
records
of the
organization
orother
governmental
unit
shoringthat
any
and
atl document/instrument(sl
containing
my
signature
or
the
likeness
of
my
signature
were
not
negqtiated
or
pledged
by
the
orEanization
or
other
governmental
unit
againstmycredit
to
create
thefunds
used
for
the
appearanceof
a
debtand
resulting
in
this
alleged
claim
of
debt.
 
{11)
Theperson
that
preparesand
swears
to
thevalidation
of
debt
must
describe:
1}
your
job
descriptionon
a
daily
basis;
2)
ifyou
are
the
regular keeper
of those
books
and
records
and arefamiliar
with
how
they
arekept
and
their
contents; 3)how
long
have
youbeen
in
your
position;4)
when
didyou
firstcome
in
contact
with the
allegedaccount/debt;
5)
how
frequently
do
you
work
with
the
files
and
informationthey
arepresenting
to
verify/validatethe
alleged
debt;
5) areyou
the
person/employee
who
regularlyworks
with
the
alleged accountfdebU
and
7l
doyou
have
personalknowledge
about
the
alleged
debt and/or
anyallegedaccount.
15
U.S.C.
S
1692
(el
states
that
a
"false. deceptive,and misleadine
reoresentation.
in
connection
with the
collection
of
anv
debt,"
includes
the
false reoresentation
of
the
character
or
leeal
status
of
anv
debt
and
further
makes
a
threat
to
take
anv
action
that
cannot
leeallv
be
taken
a
deceptive
practice.Pursuant
to
15
U.S.C.
I
1692
(g)
tA)
Validation
of
Debts.
if
youhaveevidence
to
validateyour
claim
thatthe
attachedpresentment
does
not constitute
fraudulent
misrepresentation
and
that
one owes
this
alleged
deb!
this
is
a
demand
that,within
30
days,
you
provide
suchverification/validation
and
supportingevidencesigned
and
certified
underpenalty
of
perjury
to
substantiateyour
daim.
Until
the
requirements
of
the
Fair
Debt Collection
Practices
Act
have beencomplied
with
and
your
claim
is
veriffed/validated,
youhave
no consent
to
continue
any
collection activities.
This
is
a
constructivenotice
that,
absent
the
validation
of
yourclaim
within
3O
days,
you
must
'tease
and
desisf
any
and
all
collectionactivity
and
are
prohibited
fromcontacting
me
through
the
mail,
by
telephone,
in
person,
at
my home,
or at
my work.
You
are
further
prohibited
from
contacting
anyother
third
party.
Each
and
every
attempted
contact,
in
violation
of
this
act,
willconstitute
harassmentand
defamation
of
character
and
will
subjectyour
agency
and/orattorney
and any and
all
agents in
his/her
individual
capacities,
who takepart
in
such
harassment,
and
defamation,
to
a
liability
for
actual
damages,as
well
as
statutorv
damases
of
up
to
S1.(X!O
for
each
and everrviolation.
and a
further
liability
for
legalfees
to
be
paid
to
any counsel
which
I
may
retain.
Further, absent
such
validation
of
yourclaim,you
are
prohibitedfromfiling
any
notice
of
lien
and/or
ler,ry
or
judgment
and
are
also barred
from
reporting
any
derogatory
credit
information
to
anycreditreporting
agency,
regarding
this
disputed
purported
debt.Further,pursuant
tothe
Fair Debt
Collection
Prastices
Act,
15
U.S.C.
S
1592(g){8},
as
youaremerely an
"agen6/'
or other
governmental
unit
of
the
United
States,
acting
on
someone
else's
behalf,
this
is
a
demand
that
you
provide
the
name
ofthe
original
"principal",
or
"holder
in
due
course",
for
whomyou
are attempting
to
collect this
alleged
debt.
Please
take
notice
that this
is a
criminal investigationof
the
business
practices
of
the
aboue
named
organization orothergovernmentalunit,
its
agents,
officerc, employees

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