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Be sure to remove all notices before using this document.

Date:___________________

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER:


XXXXXXXXX

YOUR NAME
YOUR STREET ADDRESS
YOUR CITY, STATE AND ZIP CODE

DEBT BUYER NAME


DEBT BUYER ADDRESS
DEBT BUYER CITY, STATE AND ZIP CODE

RE: ACCT # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on ________________.

Be advised that this is not a refusal on my part to pay any legitimate debt that I may
possibly owe, but a notice sent pursuant to the Fair Debt Buying Practices Act found in
Civil Code sections 1788.50 through 1788.64.

The notice that you sent to me on _______ did not comply with the provisions of Civil
Code 1788.52 in that it did not provide the following information:

MODIFY THE WORDING BELOW FOR YOUR UNIQUE SITUATION.

That you are the sole owner of the debt at issue or you have the authority to assert the
rights of all owners of the debt as required by Civil Code 1788.52(a)(1).

The debt balance at charge off and an explanation of the amount, nature, and reason for
all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any
subsequent purchasers of the debt. The explanation does not identify separately the
charge-off balance, the total of any post-charge-off interest, and the total of any post-
charge-off fees as required by Civil Code 1788.52(a)(2).

The date of default or the date of the last payment as required by Civil Code 1788.52(a)
(3).

The name and an address of the charge-off creditor at the time of charge off, and the
charge-off creditors account number associated with the debt. The charge-off creditors
name and address was not in sufficient form so as to reasonably identify the charge-off
creditor as required by Civil Code 1788.52(a)(4).

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My name and last known address of as they appeared in the charge-off creditors records
prior to the sale of the debt, or if the debt was sold prior to January 1, 2014, my name and
last known address as they appeared in the debt owners records on December 31, 2013
as required by Civil Code 1788.52(a)(5).

The names and addresses of all persons or entities that purchased the debt after charge
off, including the debt buyer making the written statement or the names and addresses
were not in sufficient form so as to reasonably identify each such purchase as required by
Civil Code 1788.52(a)(6).

Your notice failed to comply with Civil Code 1788.52(b) which states that,

(b) A debt buyer shall not make any written statement to a debtor in an attempt to collect
a consumer debt unless the debt buyer has access to a copy of a contract or other
document evidencing the debtors agreement to the debt. If the claim is based on debt for
which no signed contract or agreement exists, the debt buyer shall have access to a copy
of a document provided to the debtor while the account was active, demonstrating that
the debt was incurred by the debtor. For a revolving credit account, the most recent
monthly statement recording a purchase transaction, last payment, or balance transfer
shall be deemed sufficient to satisfy this requirement.

This letter shall serve as my formal demand for the information listed above within 15
calendar days of your receipt of this written request as required by Civil Code
1788.52(c) which states that,

A debt buyer shall provide the information or documents identified in subdivisions (a)
and (b) to the debtor without charge within 15 calendar days of receipt of a debtors
written request for information regarding the debt or proof of the debt. If the debt buyer
cannot provide the information or documents within 15 calendar days, the debt buyer
shall cease all collection of the debt until the debt buyer provides the debtor the
information or documents described in subdivisions (a) and (b). Except as provided
otherwise in this title, the request by the debtor shall be consistent with the validation
requirements contained in Section 1692g of Title 15 of the United States Code. A debt
buyer shall provide all debtors with whom it has contact an active postal address to which
these requests can be sent. A debt buyer may also provide an active email address to
which these requests can be sent and through which information and documents can be
delivered, if the parties agree.

Your notice failed to comply with the provisions of Civil Code 1788.52(d)(1) which
states that,

A debt buyer shall include with its first written communication with the debtor in no
smaller than 12-point type, a separate prominent notice that provides:

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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 creditors or debt buyers 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 buyers active mailing
address and email address, if applicable].

The alleged debt for which you are demanding payment is barred by the statute of
limitations yet your notice failed to comply with the provisions of Civil Code
1788.52(d)(3) which states that,

When collecting on a time-barred debt where the debt is not past the date for
obsolescence provided for in Section 605(a) of the federal Fair Credit Reporting Act (15
U.S.C. Sec. 1681c):

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.

The alleged debt for which you are demanding payment is not only barred by the statute
of limitations but is also barred from being reported on my credit report, yet your notice
failed to comply with the provisions of Civil Code 1788.52(d)(3) which states that,

When collecting on a time-barred debt where the debt is past the date for obsolescence
provided for in Section 605(a) of the federal Fair Credit Reporting Act (15 U.S.C. Sec.
1681c):

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.

Be advised that if you have reported invalidated or outdated information to any of the 3
major Credit Bureaus Equifax, Experian or TransUnion this action might constitute a
violation of the Fair Debt Collection Practices Act and/or other laws including fraud. Due
to this fact, if any negative mark is found on any of my credit reports by you or the
company that you represent I will not hesitate in bringing legal action against you for
numerous causes of action including but not limited to, the following:

Violations of the Fair Debt Buying Practices Act


Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act

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Violation of the California Fair Debt Collection Practices Act (Rosenthal Act)
Libel
Negligent Infliction of Emotional Distress

Also during this validation period, if any action is taken which could be considered
detrimental to any of my credit reports, I will consult with my attorney on the filing of a
lawsuit. This includes any listing any information to a credit reporting agency that could
be inaccurate or invalidated or verifying an account as accurate when in fact there is no
provided proof that it is.

I would also like to request, in writing, that no telephone contact be made by your offices
to my home or to my place of employment. If your offices attempt telephone
communication with me, including but not limited to computer generated calls and calls
or correspondence sent to or with any third parties, it will be considered harassment and I
will have no choice but to file suit. All future communications with me MUST be done in
writing and sent to the address noted in this letter by the United States Postal Service.

I advise you strongly that you should endeavor to ensure that your records are in order
before I am forced to take legal action. This letter is a formal request for validation sent
in an attempt to correct your records, any information obtained shall be used for that
purpose.

Sincerely,

__________________
YOUR SIGNATURE
YOUR NAME

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