This letter contains both the validation notice and the “mini-Miranda” notice required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. If there is any chance that the debt could be considered a consumer debt, the attorney should send this letter instead of the one at form 4-1 in this chapter. See sections 2.13 through 2.16 in this manual regarding communicating with consumers.
The attorney must be careful not to list an amount that is different than the full amount due as of the date of the letter (see Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 214 F.3d 872 (7th Cir. 2000)), and neither the letter nor any subsequent communications during the thirty-day validation period should overshadow or contradict the consumer’s thirty-day validation rights (see Avila v. Rubin, 84 F.3d 222 (7th Cir. 1996); Russell v. Equifax A.R.S., 74 F.3d 30 (2d Cir. 1996); Graziano v. Harrison, 950 F.2d 107 (3d Cir. 1991); Miller v. Payco-General American Credits, Inc., 943 F.2d 482 (4th Cir. 1991); Swanson v. Southern Oregon Credit Service, Inc., 869 F.2d 1222 (9th Cir. 1988)).
Making demand for attorney’s fees in the initial Demand and Notice Letter is not recommended, especially if the contract does not provide for it.
Demand and Notice Letter—Consumer Debt
I AM ACTING AS A DEBT COLLECTOR IN THIS MATTER. I AM ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[Date]
[Name and address of debtor]
Re: [name of creditor], Creditor
[include if applicable: Original Creditor: [name of creditor]]
[include if applicable: Account number [number]]
[other information describing debt, if applicable]
Our file number: [law office file number]
[Salutation]
I have been retained by [name of creditor] to collect the debt described above. The amount owed is $[amount]. This total amount consists of $[amount], principal; $[amount], interest accrued through [date]; and [itemize other charges]. Please direct any payments to this office.
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Note: If a per diem interest charge is permitted and can be calculated, state the amount of the charge and that the charge is permitted. If a per diem interest charge is permitted but cannot be calculated, include the following sentence. Do not represent that interest may continue to accrue unless the contract supports such a claim. |
Additional interest or other charges may accrue on this debt.
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Continue with the following. |
To obtain a current payoff figure, call [telephone number] between [time] and [time], except for weekends or holidays.
Unless, within thirty days after your receipt of this letter, you dispute the validity of the debt or any portion of it, I will assume the debt to be valid. If, within that same thirty-day period, you notify me in writing that the debt or any portion of it is disputed, I will obtain a verification of the debt or, if the debt is founded on a judgment, a copy of the judgment, and I will mail you a copy of the verification or judgment. If the original creditor is different from the creditor named above, then on your written request within the same thirty-day period I will provide you with the name and address of the original creditor.
If you have any questions, please do not hesitate to call or write.
Sincerely yours,
[Name of attorney]
Certified Mail No. [number]
Return Receipt Requested