Responding to Claims

When someone claims you owe an obligation, how you respond matters enormously. The wrong response can inadvertently admit liability or create new agreements. The right response preserves your options.

The Golden Rule

Everything in writing. Every communication documented. Every deadline tracked.

Verbal agreements are hard to prove. Written records create evidence. Certified mail proves delivery.

Core Principles

1
Don't admit what isn't proven

A claim is not a fact. Don't treat allegations as established truth.

2
Don't deny what you don't know

Denial implies you've verified the negative. If unsure, say so.

3
Ask questions, don't make statements

Questions gather information. Statements create evidence.

4
Reserve all rights

Don't waive rights through careless wording.

5
Create a paper trail

Document everything. Certified mail. Keep copies. Note dates.

Response Types

Dangerous: Ignoring

Simply ignoring claims is rarely advisable. It can:

  • Result in default judgments
  • Be treated as acquiescence (agreement through silence)
  • Waive defenses that must be timely raised
  • Allow the other party to proceed unopposed

Exception: Some frivolous claims may not warrant response. Get advice before deciding.

Dangerous: Simple Denial

"I don't owe this" or "This is wrong" without more:

  • Fails to preserve specific defenses
  • Doesn't request proof of their claim
  • Can be seen as non-responsive
  • Misses opportunity to put burden on claimant
Caution: Conditional Acceptance

"I accept upon proof of..." turns the table:

  • You're not denying outright
  • You're requiring verification
  • Their failure to prove becomes the issue
  • Creates a record of your willingness to honor valid obligations

Caution: Must be carefully worded or courts may see it as acceptance.

Safer: Dispute with Validation Request

For debt collection claims (governed by FDCPA):

  • Formally dispute the debt
  • Request validation under 15 USC 1692g
  • Collector must cease until they validate
  • Creates statutory protection
Safer: Qualified Written Request

For mortgage-related claims (governed by RESPA):

  • Request specific documents under 12 USC 2605
  • Servicer must respond within 30 days
  • Creates statutory penalties for non-response
  • Forces disclosure of information you need

Sample Response Framework

The following framework can be adapted for many situations. It neither admits nor denies while preserving rights:

[Your Name] [Your Address] [Date] [Claimant Name] [Claimant Address] RE: Your Correspondence Dated [Date] Reference Number: [Number if any] Dear [Name/Sir/Madam]: I am in receipt of your [letter/notice/demand] dated [date]. I dispute the claims made therein. Without admitting any liability or obligation, I request that you provide: 1. A copy of the original agreement bearing my authentic signature 2. A complete accounting showing the basis for any amount claimed 3. Documentation of consideration provided by your organization 4. Proof of your authority to make this claim (assignment, standing) 5. [Additional specific requests relevant to your situation] Pursuant to [applicable statute: 15 USC 1692g for debt collection, 12 USC 2605 for mortgage servicing, etc.], please provide this validation within 30 days. Until such validation is provided, I consider this matter disputed and request that you cease collection activity per applicable law. This letter is sent without prejudice to any rights I may have. All rights are expressly reserved. Sincerely, [Your Signature] [Your Printed Name] Sent via Certified Mail #[Number]
Key Elements
  • "I dispute" — Puts them on notice without making factual claims
  • "Without admitting" — Preserves all defenses
  • "I request" — Asks questions rather than making statements
  • Statutory reference — Invokes legal protections where applicable
  • "Without prejudice" — Preserves future arguments
  • Certified mail — Creates proof of delivery

What to Request

For Any Claim

  • Original signed agreement
  • Accounting of amounts claimed
  • Proof of consideration given
  • Documentation of standing to enforce
  • Chain of assignment (if debt was sold)

For Mortgage Claims

  • Original promissory note
  • Complete chain of title for the note
  • All assignments of mortgage/deed of trust
  • Securitization documents (if applicable)
  • Pooling and Servicing Agreement
  • Payment history from origination
  • Documentation of funding source

For Debt Collection Claims

  • Original contract with signature
  • Complete payment history
  • Proof of license to collect in your state
  • Chain of assignment from original creditor
  • Documentation that original creditor provided consideration

Tracking Responses

After sending your response:

  1. Note the deadline — Mark your calendar for when they must respond
  2. Save proof of delivery — Keep certified mail receipts
  3. Document their response — Or document their failure to respond
  4. Evaluate what they provided — Did they actually answer your requests?
  5. Follow up if incomplete — Note specific deficiencies
Their Non-Response Is Evidence

If they fail to respond or provide incomplete answers, document this. Their inability to prove their claim is often your strongest defense. A non-response to a consideration demand, for example, may be treated as admission that they provided no consideration.

Escalation Path

If initial response doesn't resolve the matter:

  1. Notice of Default — Document their failure to respond/validate
  2. Regulatory Complaints — CFPB, state banking commissioner, attorney general
  3. Criminal Complaints — FBI, DOJ (for fraud, if applicable)
  4. Legal Action — Defensive or offensive, depending on situation

See the Administrative Process for detailed escalation procedures.

What NOT to Do

  • Don't threaten — Especially not violence. State facts and positions.
  • Don't lie — Everything you write should be true.
  • Don't admit unnecessarily — "I know I owe but..." is harmful.
  • Don't promise payment — This can restart statutes of limitation.
  • Don't sign new agreements — Especially not modifications that waive rights.
  • Don't communicate verbally — If you must, document it immediately after.

Next: Asking the Right Questions

Questions are powerful tools that gather information without creating admissions. See Asking the Right Questions for techniques to reveal the nature of claims without compromising your position.