(*Please note that we are not lawyers, and nothing contained in our kit should be construed as legal advice! We can only offer our educated opinions. If you need legal advice, please contact a lawyer.)

Place the letter into an envelope and go to the post office. *IMPORTANT* - You must send your report via CERTIFIED MAIL, with a return receipt requested. This will not only ensure its delivery, but you will have a documented time of when it was received. This is very important because ChexSystems is governed by the FAIR CREDIT REPORTING ACT as a consumer reporting agency. By law, they have to investigate and verify any disputed information within 30 days. If they fail to respond or verify your information, all disputed information MUST be removed. Many times, they fail to do so, and your information will be DELETED! If they do verify your disputed information, send Letter # 2 below. If they fail to respond within 30 days, send Letter # 3 below. Also send letter # 4 to the original bank that reported you.

Printing the letters: Copy and paste each letter into a word processor like Microsoft Word. Then make the changes necessary to personalize it.

This letter is in response to your recent claim that (Name of Bank) has verified that I have an unpaid debt with them. Yet again, you have failed to provide me with a copy of any viable evidence submitted by (Name of Bank). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your re-investigation. Additionally, please provide the name, address, and telephone number of each person contacted at (Name of Bank) regarding this alleged account. I am formally requesting a copy of any documents provided by (Name of Bank), bearing my signature, showing that I have a legally binding contractual obligation to pay them. A bank clerk looking at their computer screen, seeing my name listed in their database is NOT verification or validation of any alleged debt.

Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting.   

Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state of Texas Attorney General's office, should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), you may be liable for your willful non-compliance.  

Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature will result in a small claims action against your company. I will be seeking $5,000 in damages for the following:

This letter is in response to your recent claim that (Name of Bank) has verified that I have an unpaid debt with them. Yet again, you have failed to provide me with a copy of any viable evidence submitted by (Name of Bank). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your re-investigation. Additionally, please provide the name, address, and telephone number of each person contacted at (Name of Bank) regarding this alleged account. I am formally requesting a copy of any documents provided by (Name of Bank), bearing my signature, showing that I have a legally binding contractual obligation to pay them. A bank clerk looking at their computer screen, seeing my name listed in their database is NOT verification or validation of any alleged debt.

Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting.   

Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state of Texas Attorney General's office, should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), you may be liable for your willful non-compliance.  

Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature will result in a small claims action against your company. I will be seeking $5,000 in damages for the following:

Letter # 3 (Send if ChexSystems fails to respond within 30 Days)

As I have not heard back from you in over 30 days regarding my notice of dispute dated (date your letter was sent), I must presume that no proof in fact exists.

You have thirty (30) days from receipt of this notice to respond. Your failure to respond, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you are reporting my name and social security number in error, and that this matter is permanently closed.

Your continued silence is unacceptable. You must either provide the proof or correct the record to remove the invalid entry from my ChexSystems file. You are currently in violation of the Fair Credit Reporting Act.

Failure to respond within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking $5,000 in damages for:

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.  

This letter is regarding account # 000-000-000-000, which you claim I owe. This is not a refusal to pay, but a notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports (including ChexSystems credit reports) from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

If you no longer own this debt, remove the derogatory marks from my credit report per the FCRA. Failure to respond within 30 days of receipt of this certified letter will result in legal  action against your company. I will be seeking a minimum of $5,000 in damages for:

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.  

(It is your legal right to dispute any item on your credit report, for any reason. If documented proof that discredits your dispute isn't provided within 30 days, it MUST be removed by law. This is why it is so important to send the dispute form via certified mail. Not only to insure its delivery, but to have documented time of when it was sent.)

The above letters should permanently remove your listing with ChexSystems, but in unique cases may only remove your name for a period of a few days. Our advice is as soon as ChexSystems sends a letter to you saying that you have been removed, GO AND OPEN A FEW CHECKING ACCOUNTS IMMEDIATELY. This is because the bank may verify your negative information a little after the required 30 day period. If this happens, your information will be deleted after 30 days, then re-inserted a few days later.

If they do happen to verify your debt within 30 days, the next step is to send a dispute/validation letter to the bank that is reporting the negative information about you to ChexSystems. Again, send letter # 4 via certified mail, return receipt requested. They must send proof back to you within 30 days. Proof being in the form of something tangible, which is indisputable. An example would be the original contract with your signature. Simply saying, "Yes, this debt is yours" is not acceptable. Even if they do verify with indisputable evidence, they are required to report to ChexSystems that you dispute the information in your ChexSystems file from this bank. They never do. Again, get your latest ChexSystems report and see if they have now reported your information to ChexSystems as "Consumer disputes as per FCRA". If they didn't, you have them in a violation of the Fair Credit Reporting Act, Section 623. Next, send an intent to sue letter to the bank, offering that you will accept deletion of the entire debt in exchange for you dropping the suit. If they do not respond to your liking, take them to Small Claims court, which only costs around $20. When they are served notice of a court date, they will settle 99% of the time. If they do appear in court, you will win because you are not suing for proof of the debt, you are suing them for violating the FCRA.

Always proof read your letters -It would be a little embarrassing to send a letter that still had some of our notes on it, not to mention the fact that they probably wouldn't take you seriously.

Summary

You should know that ChexSystems is a consumer reporting agency, just like Equifax, Experian, and Trans Union. Therefore, you are protected by the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). Here are they 3 most common ways to catch banks (that use ChexSystems) in violation of the law:

1) Dispute the debt with the ChexSystems reporting bank using letter # 4 sent via certified mail, return receipt requested. If they fail to respond to your dispute within 30 days, they are in violation of Section 809 of the FDCPA.

2) The bank verifies your debt as valid with a Consumer Reporting Agency (ChexSystems) without being able to validate the debt with you as per FDCPA § 809, which is a violation of the FCRA § 611.

3) The bank does not notify any such said Consumer Reporting Agency (ChexSystems) that the consumer is disputing the debt, which is a violation of the FCRA § 623(a)(3) and the FDCPA § 807(8).

# 3 is usually the most common violation. If you dispute your debt, the bank or collection agency is required by law to report your debt as disputed. If you get your ChexSystems report 30 days after the bank or collection agency receives your dispute letter, check to see if it is listed as disputed. If not, they are in violation of the FCRA. You can then file a claim against them in Small Claims Court, which is very simple and will only cost you around $20. The amounts you can sue for each violation are listed below. 99% of the time, they will immediately delete the entire listing in your ChexSystems file in exchange for you dropping the lawsuit. They don't want to spend more money to hire a lawyer to appear in court on their behalf. Even if they did show up, you are suing for violation of the FCRA and/or FDCPA, which you will have proof of. You are not going to court to try to prove that the debt isn't yours.

(a) (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Typically, you can sue for up to $1,000 per violation of the above. It will also help if you can show you were denied credit or a loan recently, which may be due to their reporting error. This shows you suffered damages as a result of their non-compliance.

If you've taken all of the above steps, with unfavorable results, you still have one final resort. The final method is to file small claims suits against ChexSystems. Don't worry! It is much easier than it sounds. Most of the time they won't even put up a fight! After all, they benefit nothing by reporting your negative information. When they are threatened financially, they usually settle for removal in exchange for you dropping the suit. And remember, filing a small claims suit only costs around $20. Don't forget, if the original bank failed to validate and show proof of a debt to YOU, how could ChexSystems possibly be verifying these debts!? They can't. This is because they verify the debts by contacting a $7 per hour clerk at the bank who says, "Yes, I see the debt listed on our computer." They call that verification. But the courts do NOT consider that proper verification. You will have many little known case laws to back you up. This is the stuff the they don't want anyone to know! ChexSystems is a consumer reporting agency just like Equifax, TransUnion, and Experian. They all fall under the same federal laws

What you can file against them for

"negligent and willful failure to reinvestigate the disputed entries in violation of sections 611(a), 616, and 617 of the FCRA, 15 U.S.C. §§ 1681i(a), 1681n, 1681o"

A copy of a similar lawsuit appeal where TransUnion was completely trashed by the judge for their lackluster verification procedures can be found at:

Richardson v. Fleet Bank of Massachusetts - the court held that the company failed to follow reasonable procedures by relying on creditors for accurate credit information because the company had reason to know of the dispute between the consumer and the company.

Bryant v. TRW - the Defendant consumer reporting agency unsuccessfully argued that, under §607(b) of the FCRA, 15 U.S.C. §§1681 et seq., it was not liable as a matter of law, for reports it issued in good faith, and as a result of inaccurate information provided to it by Plaintiff's creditors. The court held that Defendant was not free from liability when the credit reports at issue was not accurate. Once inaccuracy was determined, defendant's agency procedures were determined to be not reasonable to ensure maximum possible accuracy, pursuant to §§607(b). Entire case can be found here: http://www.proselitigant.net/wwwthreads/postlist.pl?Cat=&Board=caselaw

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