Debt Validation Letter (Michigan)

DEBT VALIDATION AND DISPUTE LETTER

TABLE OF CONTENTS

1. Sender Block
2. Addressee Block
3. Subject Reference
4. Notice of Dispute and Demand for Validation (FDCPA § 1692g)
5. Optional — Statute of Limitations Notice (Time-Barred Debt)
6. Optional — Cease-Communication Demand (FDCPA § 1692c(c))
7. Reservation of Rights and Notice of Statutory Remedies
8. Signature Block and Certified-Mail Notation
9. Sender's Cover Sheet — Proof of Mailing
10. Michigan Practice Notes
11. Sources and References

1. SENDER BLOCK

[CONSUMER FULL LEGAL NAME]

[STREET ADDRESS]

[CITY, MI ZIP]

[PHONE — optional]

[EMAIL — optional]

Date: [__/__/____]

2. ADDRESSEE BLOCK

SENT VIA U.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Tracking No. [________________________________]

[COLLECTION AGENCY OR CREDITOR LEGAL NAME]

Attn: Compliance / Legal Department

[STREET ADDRESS]

[CITY, STATE ZIP]

3. SUBJECT REFERENCE

Re: Notice of Dispute and Demand for Validation — Alleged Account
Account / Reference No.: [________________________________]
Original Creditor: [________________________________]
Amount Claimed: $[__________]

4. NOTICE OF DISPUTE AND DEMAND FOR VALIDATION (FDCPA § 1692g)

To Whom It May Concern:

4.1. This letter is sent in response to your communication dated [__/__/____] received by me on [__/__/____] regarding the above-referenced alleged debt (the "Alleged Debt").

4.2. Pursuant to 15 U.S.C. § 1692g(b), I hereby DISPUTE the Alleged Debt in its entirety and DEMAND that you cease all collection activity until you have obtained verification of the debt and mailed a copy of that verification to me at the address shown above.

4.3. Specifically, I demand that you provide each of the following:

• ☐ The name and address of the original creditor;
• ☐ The original signed contract, application, or other instrument creating the obligation;
• ☐ A complete account history showing all charges, payments, credits, fees, and interest from the date the account was opened through the present;
• ☐ A statement showing the date of the original default and the date of the last payment;
• ☐ Documentation of the chain of title or assignment if the Alleged Debt has been sold or transferred (each bill of sale, assignment, or transfer agreement), sufficient to establish your standing to collect;
• ☐ Proof that you are licensed as a collection agency in the State of Michigan as required by MCL § 339.904, including your Michigan license number;
• ☐ A copy of any judgment, if you contend that one has been entered against me; and
• ☐ A statement of the current balance, broken down by principal, interest, fees, and other charges.

4.4. Until you have provided ALL of the foregoing, you are prohibited from continuing collection activity, including, without limitation, telephone calls, letters, lawsuits, garnishments, or reports to credit reporting agencies. Continued collection without first providing verification constitutes a violation of 15 U.S.C. § 1692g(b) and MCL § 339.915.

4.5. If you have already reported this Alleged Debt to any consumer reporting agency, I demand that you immediately notify each such agency that the debt is disputed pursuant to 15 U.S.C. § 1692e(8) and the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2.

5. OPTIONAL — STATUTE OF LIMITATIONS NOTICE (TIME-BARRED DEBT)

5.1. The Alleged Debt arose, on information and belief, from a transaction or default that occurred on or about [__/__/____], more than SIX (6) YEARS prior to the date of this letter.

5.2. Accordingly, any action to collect the Alleged Debt by lawsuit is barred by the Michigan statute of limitations applicable to contracts, MCL § 600.5807.

5.3. Any threat, suggestion, or implication that you intend to file or could lawfully file suit on this time-barred debt would constitute a false, deceptive, or misleading representation in violation of 15 U.S.C. § 1692e(2)(A) and § 1692e(5), and an unfair practice under 15 U.S.C. § 1692f. See Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015).

6. OPTIONAL — CEASE-COMMUNICATION DEMAND (FDCPA § 1692c(c))

6.1. Pursuant to 15 U.S.C. § 1692c(c), I hereby demand that you CEASE ALL COMMUNICATIONS with me regarding the Alleged Debt.

6.2. Following receipt of this letter, you may communicate with me only to (i) advise me that further collection efforts are being terminated, or (ii) notify me that you or the creditor may invoke a specified remedy. Any other communication will constitute a violation of the FDCPA.

7. RESERVATION OF RIGHTS AND NOTICE OF STATUTORY REMEDIES

7.1. I reserve all rights and remedies available to me under applicable federal and Michigan law, including without limitation:

• The Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p (actual damages, statutory damages up to $1,000, attorney fees, costs);
• The CFPB Debt Collection Rule (Regulation F), 12 C.F.R. Part 1006;
• The Michigan Regulation of Collection Practices Act, MCL §§ 339.901–339.920 (actual damages or $50 minimum; treble damages or $150 minimum for willful violations; attorney fees) — see MCL § 339.918;
• The Michigan Collection Practices Act (creditor conduct), MCL §§ 445.251–445.258;
• The Michigan Consumer Protection Act, MCL §§ 445.901–445.922 (subject to the regulated-industry exemption discussed in Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999));
• The Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.

7.2. This letter is sent without prejudice to any of those rights and remedies and is not an acknowledgment of the validity of the Alleged Debt or of any obligation to pay.

8. SIGNATURE BLOCK AND CERTIFIED-MAIL NOTATION

Sincerely,

[________________________________]

[CONSUMER NAME]

Sent via U.S. Certified Mail — Return Receipt Requested

Tracking No. [________________________________]

9. SENDER'S COVER SHEET — PROOF OF MAILING

10. MICHIGAN PRACTICE NOTES

• Five-day initial notice. Within five days of the initial communication, the debt collector must send the validation notice required by 15 U.S.C. § 1692g(a). Regulation F (12 C.F.R. § 1006.34) prescribes a model "validation information" notice and itemization date.
• Thirty-day window. The dispute must be sent within 30 days of the consumer's receipt of the initial validation notice. A dispute filed after 30 days does not invoke the cease-collection rule of § 1692g(b) but may still be useful to invoke the FCRA dispute machinery.
• Verification standard. Verification under § 1692g(b) requires more than a parroting of the creditor's claim; courts in the Sixth Circuit require enough information to allow the consumer to confirm the debt is accurate (e.g., Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, 758 F.3d 777 (6th Cir. 2014)).
• Time-barred debt. Michigan's six-year contract limitations period (MCL § 600.5807(9)) applies to most consumer debts. The Sixth Circuit holds that filing or threatening suit on a time-barred debt violates the FDCPA — see Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015). Avoid making partial payments or written acknowledgments that could restart the clock.
• MRCPA license. Verify the collector's Michigan collection-agency license at the LARA portal (https://www.michigan.gov/lara). Collecting in Michigan without a license violates MCL § 339.601 and supports an unfairness claim under both the FDCPA and the MRCPA.
• Smith v. Globe Life caution. The MCPA's regulated-industry exemption (MCL § 445.904), as construed in Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999), often defeats MCPA claims against licensed collection agencies. Plead MCPA in the alternative and brief that the SPECIFIC misconduct (harassment, false threats, third-party contact) is outside the licensed activity.
• Recordkeeping. Keep the original collection letter, the certified-mail receipt, the green card, and a copy of the dispute letter for at least 4 years (FDCPA limitations + 3-year buffer).

11. SOURCES AND REFERENCES

• 15 U.S.C. § 1692g — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c (communications and cease-communication) — https://www.law.cornell.edu/uscode/text/15/1692c
• CFPB Regulation F, 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• MCL § 339.901 et seq. (MRCPA) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-70-of-1981
• MCL § 339.918 (MRCPA private right of action) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-339-918
• MCL § 600.5807 (Michigan contract limitations) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5807
• LARA Bureau of Professional Licensing (license lookup) — https://www.michigan.gov/lara/bureau-list/bpl
• Michigan AG Consumer Protection — https://www.michigan.gov/ag/consumer-protection
• Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015)
• Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, 758 F.3d 777 (6th Cir. 2014)
• Smith v. Globe Life Ins. Co., 460 Mich. 446 (1999) — https://caselaw.findlaw.com/court/mi-supreme-court/1294900.html

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Michigan must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.