Debt Validation Letter - North Dakota

DEBT DISPUTE, VALIDATION, AND COMMUNICATION LETTER

North Dakota

1. Eligibility and Timing Screen

Complete this screen before sending.

☐ The recipient appears to be a "debt collector" subject to the federal FDCPA.

☐ The communication concerns a consumer debt.

☐ The collector provided validation information in an initial communication or validation notice.

☐ The initial communication was not merely a formal pleading in a civil action. Under 15 U.S.C. § 1692g(d) and 12 C.F.R. § 1006.34(b)(2), a formal pleading is not an initial communication for this purpose.

☐ The written dispute or original-creditor request will be received within the applicable 30-day validation period.

Initial communication / notice date: [__/__/____]

Date received: [__/__/____]

End date printed on the validation notice: [__/__/____]

Counsel's timeliness analysis: [____________________________________________________]

A timely written dispute triggers § 1692g(b)'s pause in collection of the debt or disputed portion until the collector mails verification or a copy of a judgment. The statute does not set a 30-day deadline for the collector to answer; it conditions resumed collection on the required response.

2. Sender and Recipient

Consumer: [________________________________]

Consumer mailing address: [________________________________]

Date: [__/__/____]

Delivery method and tracking: [________________________________]

Debt collector: [________________________________]

Collector mailing address for disputes: [________________________________]

Collector reference number: [________________________________]

Current creditor named in notice: [________________________________]

Amount claimed: $[________________________________]

3. Debt Dispute and Validation Request

Re: Written dispute and request under 15 U.S.C. § 1692g

To Whom It May Concern:

I am responding to your [COMMUNICATION / VALIDATION NOTICE] dated [DATE], which I received on [DATE], concerning the account identified above.

☐ I dispute the entire debt.

☐ I dispute only the following portion or issue: [______________________________________]

This letter is not an admission of liability, an acknowledgment or promise to pay, or a waiver of any defense.

If this written dispute is received within the validation period, please cease collection of the debt or disputed portion until you mail the verification or copy of a judgment required by 15 U.S.C. § 1692g(b).

☐ I also request in writing the name and address of the original creditor, if different from the current creditor, under § 1692g(a)(5) and (b).

4. Statutory Validation Information

Please provide or confirm the validation information required by 12 C.F.R. § 1006.34(c), as applicable, including:

☐ The collector's name and mailing address for disputes and original-creditor requests

☐ The consumer's name and mailing address used in the notice

☐ The creditor to whom the debt was owed on the itemization date, when required

☐ The account number or truncated account number associated with the debt on the itemization date

☐ The current creditor

☐ The itemization date and amount on that date

☐ An itemization of interest, fees, payments, and credits since the itemization date

☐ The current amount of the debt

☐ The validation-period end date and the required consumer-protection statements

Additional Voluntary Documentation Request

The following items may help evaluate the claim, but this form does not represent that § 1692g requires every item as a condition of verification:

☐ Agreement, application, judgment, or other instrument on which the claim is based

☐ Statements or transaction history supporting the balance

☐ Documents or account-level information showing the current claimant's asserted interest

☐ Interest and fee calculation

☐ Payment and credit history

☐ Other: [________________________________]

5. Communication Directions

Select the direction that matches the consumer's objective. Do not select inconsistent options without legal review.

Option A — Time and Workplace Restrictions

☐ Under 15 U.S.C. § 1692c(a)(1), do not communicate at a time or place known or that should be known to be inconvenient. Absent contrary circumstances, the statute treats times after 8:00 a.m. and before 9:00 p.m. local time at the consumer's location as convenient.

☐ Under § 1692c(a)(3), you are notified that the consumer's employer prohibits debt-collection communications at the consumer's workplace.

Other known inconvenient place or time: [__________________________________________]

Option B — Cease Further Communication

☐ Under 15 U.S.C. § 1692c(c), I request that you cease further communication with me concerning this debt, except:

1. To advise that further efforts are being terminated;
2. To notify me that the collector or creditor may invoke specified remedies ordinarily invoked; or
3. Where applicable, to notify me that the collector or creditor intends to invoke a specified remedy.

If this notice is sent by mail, § 1692c(c) makes it complete upon receipt.

Attorney contact, if represented: [________________________________]

6. North Dakota Collection-Agency Information

N.D.C.C. § 13-05-02 generally requires a collection-agency license when a person engages in debt collection in North Dakota and states that collection occurs in North Dakota if the debtor resides in North Dakota. Section 13-05-02.3 lists exemptions.

Please identify:

☐ The North Dakota collection-agency license number, licensee name, and current status

☐ If no license is held, the specific § 13-05-02.3 exemption claimed

☐ If licensed, the surety and bond information maintained under N.D.C.C. § 13-05-04.1

Section 13-05-04.1—not § 13-05-04—requires a $50,000 surety bond. Section 13-05-10 makes a chapter violation a class C felony and authorizes a civil money penalty up to $5,000 for a willful violation of a law, rule, written agreement, or order under the chapter.

7. Limitation and Account-Date Information

Please identify the dates you contend are relevant to accrual, payment, judgment, and enforceability:

North Dakota provisions requiring claim-specific analysis include:

• N.D.C.C. § 28-01-16(1), which provides six years after accrual for an action on a contract, obligation, or liability, express or implied, subject to §§ 28-01-15 and 41-02-104.
• N.D.C.C. § 28-01-15(1), which provides ten years after accrual for an action on a judgment or decree of a United States, state, or territorial court.
• N.D.C.C. § 28-01-36, which requires a signed writing for an acknowledgment or promise to serve as evidence of a new or continuing contract, while preserving the effect of a principal or interest payment.

This letter does not acknowledge the debt, promise payment, or authorize a payment.

8. Conditional North Dakota Consumer-Fraud Notice

N.D.C.C. § 51-15-02 applies only when its elements are met in connection with the sale or advertisement of merchandise. Section 51-15-09 addresses a claim against a person who acquired money or property by a practice declared unlawful and provides enhanced remedies only upon a knowing-conduct finding.

☐ No ch. 51-15 theory is asserted in this letter.

☐ Counsel has identified the following exact § 51-15-02 theory and money-or-property facts: [________________________________]

The filing period for a ch. 51-15 action is governed by the four-year and discovery language in N.D.C.C. § 51-15-12, not the general six-year contract period.

9. Closing

Please send the statutory response and any voluntarily provided documents to the mailing address above.

All defenses and claims supported by the facts and law are reserved. No statement in this letter should be construed as an admission, payment agreement, or waiver.

Sincerely,

[________________________________]

[CONSUMER OR COUNSEL]

Enclosures:

☐ Copy of the collector's notice

☐ Supporting dispute document: [________________________________]

☐ Written representation authorization: [________________________________]

10. Tracking Checklist

☐ Retained a complete copy of the signed letter and enclosures

☐ Used a delivery method that proves receipt

☐ Recorded the delivery date: [__/__/____]

☐ Preserved every post-letter communication

☐ Did not assume a collector must answer within 30 days

☐ Did not assume the dispute, validation request, or cease notice tolls a claim deadline

☐ Reviewed any communication after a § 1692c(c) notice against the three statutory exceptions

☐ Reviewed any resumed collection after a timely § 1692g(b) dispute against the verification response

☐ Verified North Dakota license and exemption information independently

☐ Calendared any FDCPA, contract, judgment, or ch. 51-15 deadline with counsel

Sources and References

• 15 U.S.C. § 1692c: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692c&num=0&edition=prelim
• 15 U.S.C. § 1692g: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692g&num=0&edition=prelim
• 12 C.F.R. § 1006.34: https://www.ecfr.gov/current/title-12/part-1006/section-1006.34
• North Dakota Century Code ch. 13-05: https://ndlegis.gov/cencode/t13c05.pdf
• North Dakota Century Code ch. 28-01: https://ndlegis.gov/cencode/t28c01.pdf
• North Dakota Century Code ch. 51-15: https://ndlegis.gov/cencode/t51c15.pdf