Debt Collection Letter - California

CALIFORNIA DEBT COLLECTION LETTER

Date: [__/__/____]

Sent by: [First-class mail / other counsel-approved method]

To: [CONSUMER NAME], [CONSUMER MAILING ADDRESS]

From: [COLLECTOR LEGAL NAME], [COLLECTOR MAILING ADDRESS], [COLLECTOR PHONE NUMBER]

California debt collector license number (if applicable): [LICENSE NUMBER — DISPLAY IN AT LEAST 12-POINT TYPE]

Regarding: [CURRENT CREDITOR NAME] — account ending [____]

Dear [CONSUMER NAME]:

We are contacting you about the account identified above on behalf of [CURRENT CREDITOR NAME]. We request payment of the current amount shown in the enclosed validation notice. You may send payment to [VERIFIED PAYMENT ADDRESS OR INSTRUCTIONS] or contact us at [COLLECTOR CONTACT INFORMATION] about the account.

The enclosed notice identifies the debt and explains how to dispute it or request information about the original creditor. Please use the response address shown in that notice for those requests.

This is an attempt to collect a debt. Any information obtained will be used for that purpose.

California debtor-rights notice:

“The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.”

California debt-buyer records notice (if applicable):

You may request records showing the following: (1) that [insert name of debt buyer] has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor’s or debt buyer’s records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.

A request for these records may be addressed to: [insert debt buyer’s active mailing address and email address, if applicable].

[SELECT ONE TIME-BARRED-DEBT NOTICE IF REQUIRED; OTHERWISE DELETE THIS SECTION]

Alternative A — Debt collector; credit-reporting period open:

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, [insert name of debt collector] may [continue to] report it to the credit reporting agencies as unpaid for as long as the law permits this reporting.

Alternative B — Debt collector; period expired:

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, and we will not report it to any credit reporting agency.

Alternative C — Debt buyer; credit-reporting period open:

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, [insert name of debt buyer] may [continue to] report it to the credit reporting agencies as unpaid for as long as the law permits this reporting.

Alternative D — Debt buyer; period expired:

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, and we will not report it to any credit reporting agency.

Hospital-originated debt statement (if applicable): We will wait at least 180 days from the date you were first billed for the hospital services underlying this debt before filing a lawsuit for it. Enclosure: Copy of the hospital's notice under Health & Saf. Code § 127425(e).

Sincerely,

[AUTHORIZED COLLECTOR NAME]

[TITLE]

[COLLECTOR LEGAL NAME]

Enclosure: Completed current CFPB Model Form B-1 validation notice [and any separately required, counsel-reviewed notice].