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Fill and Sign the An Empirical Evaluation of Consumer Understanding of Debt Cdn Form

Fill and Sign the An Empirical Evaluation of Consumer Understanding of Debt Cdn Form

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Letter Denying that Alleged Debtor Owes Any Part of Debt and Requesting a Collection Agency to Validate that Alleged Debtor Owes such a Debt ____________________________________ (Your Name) __________________________________________________ (Your Address) ___________________________________________________________ (Your City, State, Zip Code) _____________________________ (Date) ____________________________________(Name of Collection Agency)____________________________________(Name of Contact Person)_____________________________________________________________________(Street Address or Post Office Box Number, City, State, Zip Code) Re: Verification of Alleged Debt to __________________________________ (Name of Creditor) Pursuant Section 809 of the Fair Debt Collection Practices Act (FDCPA) Covering Validation of Debts: Case # __________________. To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on _________________ _________ (date). Be advised that this is not necessarily a refusal to pay, but a notice sent pursuant to Sec. 809 (b) of the Fair Debt Collection Practices Act that your claim is disputed and validation is requested. Please be advised that I do not owe any part of the alleged debt associated with the above mentioned case number. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay ________________________ (Name of Creditor). I expect you to cease your collection efforts immediately as required by Section 809 of the FDCPA until you send me written verification of the debt. Please provide me with the following:  The basis of the alleged debt or, in other words, what the money you say I owe __________________________________________ (Name of Creditor) is for;  An explanation as to how you mathematically calculated what you say I owe;  Copies of any papers that show I agreed to pay what you say I owe;  A certified copy of any judgment if applicable;
 the original or certified copy of any statement given to you by me in connection with the alleged debt; and  a statement that you will not make a demand for payment by mail without first sending me a certified letter or email with my name and mailing address informing me. Absent the above proof of debt, please advise me whether my request should be denied, modified, deferred or denied. Sincerely, (name of creditor) (mail or fax) custodial debt collectors often rely on false information to collect debts. If you dispute the debt with the debt collector and later find out that the debt was not yours, it may be possible to sue the debt collector for fraud for sending out a "false" notice. False representation of debt if a debt collector falsely represents that you owe an amount that is not yours, the debt collector could be liable to you for civil fraud or misrepresentation for not sending you proper written notice or not notifying you in time. To prove false representation of debt under New York state law, the law requires that you prove that the debt collector did not: 1. Establish your identity; 2. Demonstrate a legal obligation to collect the debt; 3. Demonstrate an ability to collect the debt; 4. Demonstrate that you have requested or intended to contact you; and 5. Notify or notify you of the status of the debt (that it is being paid or that it is being disputed). The laws against false representation of debt cover any debt for money owed and debts incurred in connection with a sale or transfer of property. False representations only apply to a person who owes money, such as to a corporation, or a partnership, or a debt collector that makes a mistake, such as when a collector mistakenly believes a legal obligation is owed to you. The laws against false representation also prohibit deceptive advertising. For example, if the advertisement states that a person is the debtor and the actual debtor is not, the advertisement violates the law. The advertisement also violates NY times law, which prohibits an advertisement for a real estate transaction that falsely states that the buyer has a contract to buy, sell, or rent based on the fact that the buyer is a person who did not make an initial agreement to purchase the property. If an advertisement falsely states that an amount of money is owed to pay taxes, the advertising violates the law. As the New York times law states, false claims of tax

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