Dispute Letter

[dottucker]

Do anyone have a dispute letter you can email me? I received a letter from an attorney trying to collect on a debt from the bank, on an account for a deposited check that they put a hold on and I never used the money, the check was bad and now they say I owe them for that check, that I never seen, endorsed, or used. How can they do that? Now this attorney has sent me a letter stating I owe the bank and if I don't dispute the debt then it will be valid. Can you sue the bank for doing this?How can you owe a bank for a check you never seen, endorsed or used the money, How are they out of money when they never released the funds? I am puzzled of this but you know how the system works, I would like to sue the pants off this bank for what they are putting me through. All input / help is needed to stop them for fraud

[rushpat]

Boy, these debt-tourneys really are a virus, aren't they? First things first, make up an affidavit stating the facts from your point of view and have it notarized. This will be part of your response.

Next, you'll probably be best served by taking a conditional acceptance stance. A letter back to them saying that you'd be happy to pay any debt you owe, as soon as they provide the proof of claim to support any alleged debt including things like:

- furnish a copy of the original contract, and state under penalty of perjury that your client is the bona fide party in interest of the contract and will produce the original for my own and a judge's inspection should there be a trial to contest these matters

- produce the account and general ledger statement showing the full accounting of the alledged obligation that youare now attempting to collect

- identify by name and address all persons, corporations associations or any other parties having an interest in legal proceedings regarding the alleged debt

- Verify, under penalty of perjury, that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activities in the name of the original contracting party

- verify under penalty of perjury that you know and understand that certains clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity

- provide verification from the stated creditor that you are authorized to act for them.

- verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitues the use of interstate communications in a shecme of fraud by advancing a writing that you know is false with the intention that others rely on the written communication to the detriment of <your name>

I would suggest you get a copy of "Beating up on Debt Collectors" by Richard Cornforth:

http://www.lawresearchgroup.com/cart...72&cat=0&page=

That's where I got some of these examples from.