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How to Request Debt Validation
by Lisa Phillips
by Lisa Phillips
Related Topics:
- Sample letter to dispute and request debt validation (detailed)
- Sample letter to dispute and request debt validation (simple)
- What is Debt Validation
- Get a Deletion when paying a Collection Agency
- Settle Debts for Less with Original Creditors
- Dispute negative information in your credit files
- Find your State's Statute of Limitations on Debt
- Learn what to do with Zombie Debt
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How to Request Debt Validation
Send the collection agency a certified, return receipt letter
requesting debt validation. Allow the collection agency 30 days from
their receipt of the letter to respond. Their failure to respond within
the 30 days is a violation of the Fair Debt Collection Practices Act.
In your request for validation letter tell the debt collector that you
dispute the debt. You are not required to tell them why you dispute
the debt and are requesting debt validation. Do not give them any
additional information about the debt and never acknowledge you
owe the debt. It is their job to prove you owe the debt, not yours.
When to Request Debt Validation
You can request debt validation at any time even though debt
collectors may say different. If you have been sent a notice from a
debt collector which included the mini Miranda: "This is an attempt to
collect a debt and if we do not hear from you within 30 days of this
notice, we will assume the debt to be valid" but did not respond
within the thirty days, you can still request debt validation.
Should you pull your credit report and discover a debt collector has
placed a negative entry in your file, you can request debt validation.
According to the FDCPA, Section 809(c): "The failure of a consumer
to dispute the validity of a debt under this section may not be
construed by any court as an admission of liability by the consumer."
Debt Collectors Must Cease Collection Activities
The debt collector must also cease reporting debt that has not been
validated if you request debt validation within 30 days of the debt
collector's notice to you. This rarely happens as many debt
collector's simply put a notation on your credit reports stating the
entry is in dispute. It is vital that you retain copies of your letter and
return receipt as you may need it at a later date as proof and
evidence for disputes with the credit reporting agencies or a lawsuit.
Here is what the FDCPA, Section 809(b) says about the matter:
Send the collection agency a certified, return receipt letter
requesting debt validation. Allow the collection agency 30 days from
their receipt of the letter to respond. Their failure to respond within
the 30 days is a violation of the Fair Debt Collection Practices Act.
In your request for validation letter tell the debt collector that you
dispute the debt. You are not required to tell them why you dispute
the debt and are requesting debt validation. Do not give them any
additional information about the debt and never acknowledge you
owe the debt. It is their job to prove you owe the debt, not yours.
When to Request Debt Validation
You can request debt validation at any time even though debt
collectors may say different. If you have been sent a notice from a
debt collector which included the mini Miranda: "This is an attempt to
collect a debt and if we do not hear from you within 30 days of this
notice, we will assume the debt to be valid" but did not respond
within the thirty days, you can still request debt validation.
Should you pull your credit report and discover a debt collector has
placed a negative entry in your file, you can request debt validation.
According to the FDCPA, Section 809(c): "The failure of a consumer
to dispute the validity of a debt under this section may not be
construed by any court as an admission of liability by the consumer."
Debt Collectors Must Cease Collection Activities
The debt collector must also cease reporting debt that has not been
validated if you request debt validation within 30 days of the debt
collector's notice to you. This rarely happens as many debt
collector's simply put a notation on your credit reports stating the
entry is in dispute. It is vital that you retain copies of your letter and
return receipt as you may need it at a later date as proof and
evidence for disputes with the credit reporting agencies or a lawsuit.
Here is what the FDCPA, Section 809(b) says about the matter:
The Fair Debt Collection Practices Act (FDCPA) are powerful rules which protect consumers
against abusive practices in the collection of debts. Debt collectors as well as law firms that
engage in debt collection must adhere to these rules. One of the provisions available to
consumers is debt validation.
against abusive practices in the collection of debts. Debt collectors as well as law firms that
engage in debt collection must adhere to these rules. One of the provisions available to
consumers is debt validation.
FDCPA Section 809(b). Validation of debts [15 USC 1692g]
"If the consumer notifies the debt collector in writing within the thirty-day period described in
subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests
the name and address of the original creditor, the debt collector shall cease collection of the
debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or
any copy of a judgment, or the name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original creditor, is mailed to the consumer
by the debt collector. Collection activities and communications that do not otherwise violate this
title may continue during the 30-day period referred to in subsection (a) unless the consumer
has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or
that the consumer requests the name and address of the original creditor. Any collection
activities and communication during the 30-day period may not overshadow or be inconsistent
with the disclosure of the consumer’s right to dispute the debt or request the name and address
of the original creditor."
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"If the consumer notifies the debt collector in writing within the thirty-day period described in
subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests
the name and address of the original creditor, the debt collector shall cease collection of the
debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or
any copy of a judgment, or the name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original creditor, is mailed to the consumer
by the debt collector. Collection activities and communications that do not otherwise violate this
title may continue during the 30-day period referred to in subsection (a) unless the consumer
has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or
that the consumer requests the name and address of the original creditor. Any collection
activities and communication during the 30-day period may not overshadow or be inconsistent
with the disclosure of the consumer’s right to dispute the debt or request the name and address
of the original creditor."
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