DEBT COLLECTION DEMAND LETTER
(First Notice of Debt - Creditor/Collector Use)
Date: [DATE]
From:
[CREDITOR/COLLECTOR NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[FAX/EMAIL]
[LICENSE/REGISTRATION NO. IF APPLICABLE]
To:
[DEBTOR FULL LEGAL NAME]
[ADDRESS]
[CITY, STATE ZIP]
Re: Outstanding Account Balance
Account/Reference No.: [ACCOUNT NUMBER]
Original Creditor: [ORIGINAL CREDITOR NAME]
Current Creditor: [CURRENT CREDITOR NAME]
Balance Due: $[AMOUNT]
MINI-MIRANDA DISCLOSURE
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[// GUIDANCE: This disclosure is required under 15 U.S.C. Section 1692e(11) for all communications. It must appear prominently.]
1. NATURE OF THIS COMMUNICATION
Dear [DEBTOR NAME]:
This letter serves as formal notice that you have an outstanding balance owed to [CURRENT CREDITOR NAME]. We are writing to inform you of this debt and to request payment arrangements.
2. DEBT INFORMATION
2.1 Amount of Debt as of [ITEMIZATION DATE]
| Description | Amount |
|---|---|
| Principal Balance | $[PRINCIPAL] |
| Interest Accrued | $[INTEREST] |
| Fees and Costs | $[FEES] |
| Payments/Credits | ($[PAYMENTS]) |
| Current Balance Due | $[TOTAL AMOUNT] |
[// GUIDANCE: Per 12 CFR Section 1006.34 (Regulation F), the itemization must reference one of five permissible itemization dates: (1) last statement date; (2) charge-off date; (3) last payment date; (4) transaction date; or (5) judgment date.]
2.2 Itemization Date Selected
☐ Last Statement Date: [DATE]
☐ Charge-Off Date: [DATE]
☐ Last Payment Date: [DATE]
☐ Transaction Date: [DATE]
☐ Judgment Date: [DATE]
2.3 Creditor Information
- Original Creditor: [ORIGINAL CREDITOR NAME AND ADDRESS]
- Current Creditor: [CURRENT CREDITOR NAME AND ADDRESS]
- Account Number with Original Creditor: [ACCOUNT NUMBER]
3. DEMAND FOR PAYMENT
You are hereby requested to remit payment in the amount of $[TOTAL AMOUNT] within thirty (30) days from the date of this letter to resolve this matter.
Payment Options:
☐ Mail Payment: Make check or money order payable to [PAYEE NAME] and mail to:
[PAYMENT ADDRESS]
[CITY, STATE ZIP]
☐ Online Payment: Visit [SECURE PAYMENT URL]
☐ Phone Payment: Call [PHONE NUMBER] during business hours
☐ Payment Plan: Contact us to discuss payment arrangements
Reference: Include Account No. [ACCOUNT NUMBER] with all payments
4. YOUR RIGHTS UNDER FEDERAL LAW
4.1 Validation of Debt (15 U.S.C. Section 1692g; 12 CFR Section 1006.34)
Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid.
If you notify us in writing within the thirty-day period that you dispute all or part of this debt, we will:
- Obtain verification of the debt; and
- Mail you a copy of such verification
If you request in writing within the thirty-day period, we will provide you with the name and address of the original creditor, if different from the current creditor.
4.2 How to Dispute This Debt
To dispute this debt, you may:
☐ Complete and return the attached Dispute Form; OR
☐ Send a written dispute to us at the address listed above
You may use the following options (check all that apply):
☐ I want to dispute the debt because I think:
☐ This is not my debt
☐ The amount is wrong
☐ Other: [REASON]
☐ I want you to send me the name and address of the original creditor
☐ I enclosed my payment of $______
[// GUIDANCE: Per Regulation F, a tear-off dispute form is recommended but not mandatory if the validation notice includes dispute instructions.]
4.3 Cease Communication Request
You have the right under 15 U.S.C. Section 1692c(c) to request that we cease further communication with you. If you notify us in writing that you refuse to pay this debt or wish us to stop contacting you, we will stop, except to:
- Advise you that collection efforts are being terminated;
- Notify you that we or the creditor may invoke specified remedies; or
- Notify you that we or the creditor intend to invoke a specified remedy.
5. IMPORTANT NOTICES
5.1 Time-Barred Debt Disclosure
[// GUIDANCE: If the debt is past the applicable statute of limitations, include the following disclosure. Check state-specific requirements.]
☐ If applicable: The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, [CREDITOR/COLLECTOR] may continue to report it to credit reporting agencies as unpaid for as long as the law permits this reporting. This notice is required by law.
5.2 Credit Reporting Notice
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
5.3 State-Specific Disclosures
[// GUIDANCE: Insert applicable state disclosures below. Examples include:]
☐ California Residents: As required by the California Civil Code, you are notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
☐ New York Residents: [INSERT NY DFS REQUIRED DISCLOSURES]
☐ Massachusetts Residents: NOTICE OF IMPORTANT RIGHTS - You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment.
☐ Colorado Residents: [INSERT COLORADO-SPECIFIC DISCLOSURES]
[// GUIDANCE: Research and add all applicable state-specific disclosures for the debtor's state of residence.]
6. CONSEQUENCES OF NON-PAYMENT
If payment or acceptable arrangements are not received, [CREDITOR/COLLECTOR] reserves the right to pursue all lawful remedies, which may include:
- Continued collection efforts
- Credit bureau reporting
- Legal action to obtain a judgment (subject to applicable statutes of limitations)
- Post-judgment remedies if a judgment is obtained
[// GUIDANCE: Do not threaten legal action unless you have actual authority and intent to pursue it. 15 U.S.C. Section 1692e(5) prohibits threats to take action that cannot legally be taken or is not intended.]
7. CONTACT INFORMATION
If you have questions about this debt or wish to discuss payment options, please contact us:
[COLLECTOR NAME]
Address: [ADDRESS]
Phone: [PHONE]
Hours: [BUSINESS HOURS]
Email: [EMAIL]
Website: [WEBSITE]
All written communications should be sent to the address above.
8. ACKNOWLEDGMENT OF LEGAL COMPLIANCE
This communication complies with the Fair Debt Collection Practices Act (15 U.S.C. Section 1692 et seq.), Regulation F (12 CFR Part 1006), and applicable state debt collection laws.
Sincerely,
_______________________________
[AUTHORIZED REPRESENTATIVE NAME]
[TITLE]
[CREDITOR/COLLECTOR NAME]
DETACHABLE DISPUTE/RESPONSE FORM
Account No.: [ACCOUNT NUMBER]
Amount: $[AMOUNT]
Consumer: [DEBTOR NAME]
Please check all that apply and return within 30 days to:
[COLLECTOR ADDRESS]
☐ I am disputing all of this debt
☐ I am disputing part of this debt. The amount I owe is: $______
☐ Please provide verification of this debt
☐ Please provide the name and address of the original creditor
☐ I enclosed payment in the amount of: $______
☐ I would like to discuss a payment plan. Best time to call: ______
Signature: _______________________________ Date: _______________
Phone: _______________________________
[// GUIDANCE:
1. Mail via method that creates proof of delivery (certified mail, return receipt requested).
2. Maintain copy of letter and proof of mailing in file.
3. Calendar the 30-day validation period deadline.
4. Ensure all licensing requirements are met in debtor's state.
5. Review Regulation F Model Form B-1 for safe harbor compliance.
6. Do not overshadow validation rights with payment demands.]
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