What to do if you receive a letter from a debt collector. Presented by the Civil Litigation Advice and Resource Office of Buffalo, NY. CLARO is a project of the Western NY Law Center. This slideshow provides general information and does not provide legal advice, which you can only get from an attorney.

1. Debt Collection Letter
--What Do I Do?
What to do if you have received a debt
collection letter in the mail.

2. Why Me?
Your
Responsibility
Consumers who are battling lawsuits, court judgments
or garnishments over credit card, student, medical or
car debts are vulnerable to abusive creditors.
“Consumer advocates see such cases as a growing
threat for people, who are often unsure of what to do
or even unaware they have been sued. So they don’t
put up a fight – even though they have legitimate
grounds – and lose money to creditors who don’t
deserve it.”*
Delinquent consumer debt has always been a big
source of court cases, but the number has soared with
the recession and rise of the debt-buying industry.
* “Free law service helps consumers battle abusive creditors,” Jonathan B.
Epstein, Buffalo News, January 29, 2013
 Debt Collection Letters are
Serious.
 Even if you don’t believe the
debt is yours, you could still
be held responsible.
 Ignoring the letter will not
make the problem go away.
 The first step to resolution is
to make the collector prove
the debt is valid.

3. The Debt is Not Mine!
Most collection actions are filed by
debt buyers, not the original
creditors.
Yes, it’s a
headache,
but…
Firms purchase old debt that has
already been written off by lenders.
Debt buyers pay pennies on the
dollar, and then aggressively try to
recoup the money.
Mistakes and outdated information
mean collectors may be pursuing the
wrong person or seeking payment of
debts that were already paid.
Putting up a fight
makes a difference:
Creditors prefer to focus on
easy cases with no
opposition.
Your willingness to challenge
them works to your
advantage.

4. Sample Collection Letter
Collection
Letters
 As a consumer, you have
the right to challenge a
debt.
 The collector must
provide written
verification of the debt.
Don’t Ignore a letter like this!
Respond to the letter by asking for
proof of the debt.
 Your rights have been
established under the US
Federal Fair Debt
Collection Practices Act.

5. What to Send
Your
Response
CLARO provides consumers with a sample
letter they can use to respond to collection
letters.
The letter is found on the CLARO website:
www.clarobuffalo.org.
 Reply to the letter as soon
as possible.
 Send your reply via certified
US Mail or other recognized
carrier:
 The sending and receipt
of the letter is recorded by
the carrier.
 Fed Ex, UPS, etc. are
valid carriers.
 Do not let the cost of mailing
the letter certified deter you.
You can edit the letter for your own use.

6. What You Will Ask
For:
 What the money you say I owe is for;
 Explain and show me how you calculated
what you say I owe;
 Provide me with copies of any papers that
show I agreed to pay what you say I owe;
 Provide a verification or copy of any
judgment if applicable;
 Identify the original creditor;
 Prove the Statute of Limitations has not
expired on this account;
 Show me that you are license to collect in
my state; and
 Provide me with your license numbers and
Registered Agent.
Your
Letter
 You are asking the
company to
VALIDATE your debt.
 VALIDATION is
different than asking
for your
name, address, etc. to
be verified.
 Validation means
delivering actual
proof of the debt.

7. CLARO Sample Letter:
Five things
to do:
1. Download Sample Letter from
CLARO website.
Via CLARO website
2. Fill in your own personal
information.
- OR -
HERE
3. Take your letter to the post
office and send it to the
collection address via
CERTIFIED Mail.
4. Save your mail receipt.
http://clarobuffalo.org/wp-content/uploads/2012/11/Debt-Validation-Letter.pdf
5. Save the delivery confirmation
provided by the post office (or
carrier used).

8. 1
3
Required
Information:
2
1. Indicate on the letter
that it is being sent
“Certified Mail.”
4
2. Include the Date the
letter is being sent.
3. To: enter the full name
and address of the debt
collection organization
5
6
4. From: Your name and
full address
5. RE: Fill in any account
or reference number
linked to the collection.
6. State the date you
received the letter of
collection.

9. Sending Your Letter
Certified
Mail:
How to Send Certified Mail
Take your addressed mail to the post office and
request first-class mail with certified mail service
from the USPS counter employee.
Fill out the certified mail form’s required
information, including the recipient’s name and
address.
Remove the backing and place the sticker along
the top edge of the envelope you are
mailing, directly to the right of the return address
area.
Pay the appropriate postage.
Ask the USPS counter employee to stamp your
receipt. Keep your receipt that is stamped with the
mailing date.
If you have any questions, ask an available USPS
counter employee. They are there to help you!
Certified Mail is your
way to prove you
asked for validation
of your debt.
Failure to respond to
your mail is likely to
make further
collection activities
against you stop.
You must receive a
response within 30
days.

10. Why it Matters:
Failure to respond to a
validation request within 30
days from the date of receipt,
means all references to the
account must be deleted and
completely removed from your
credit file.
Insist that a copy of such
deletion request be sent to you.
No
Response:
 Save your stamped
mail receipt.
 Keep your receipt that
is stamped with the
mailing date so it can
be used to facilitate a
dismissal if legal
action is taken
against you.
 Failure to respond to
a validation request is
grounds for dismissal
if you are sued.

11. If Validation is
Received:
Going Forward:
If the organization is able to
provide the proper documentation
as requested, you will have
already requested at least 30 days
to investigate the information.
During that time all collection
activity must cease and desist.
You have the right to research
and correct any errors.
Creditors cannot contact you if
you’ve requested it in your
letter.
This means no contact by:
• Phone, cell phone, through
third parties, or email by
either an agent or any
computer generated source
– either at work or at home.
• You can threaten to file suit
for harassment.

12. Correct Errors
Mistakes
Matter!
If the debt collector has reported invalid
information to any of the three major Credit
Bureaus (Equifax, Experian or
TransUnion), this could constitute fraud under
both Federal and State Laws.
If any negative mark is found on any of your
credit reports by the company or the company
that is being represented you have grounds to
bring legal action against them for the
following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection
Practices Act
• Defamation of Character
 Even small errors can make
a difference.
 No error is too small to
correct.
 An error you fail to correct
today can turn into a bigger
problem later on.

13. In most cases, responding promptly and
properly to a collection letter will resolve
the issue.
If you require further assistance or if the
action proceeds further, CLARO can offer
you advice and other assistance.
This concludes our slide show on how to respond to a debt collection letter. Additional resources can
be found at www.clarobuffalo.org.