Make Debt Collectors Prove You Owe

Have you been contacted by a debt collector and they claimed you owed a debt that you weren’t sure was yours?  Or, perhaps you weren’t sure that the amount you owed on the past due bill was correct? Under the FDCPA, or Fair Debt Collection Practices Act, you have the legal right to request that a debt collector sends you proof that you owe the debt claimed.

This process is called debt validation.

Debt Validation Timeframe

Within five days of first contacting you by phone or mail, the debt collection agency has the responsbility to send you a debt validation notice.  This is basically a summary of what the original creditor (OC) is, meaning the person you originally owed the debt to, how much the debt is, and how you can pay it.  It should also give you instructions on how to request debt validation.

You have thirty days from the date of contact to dispute a debt.  If you fail to do so in this time period, the debt collection agency can assume the debt is valid and continue to try and collect the debt from you.

Submitting a Debt Validation Request

This is the debt validation letter that has been previously posted.  You must send a similar letter to the address provided to the collection agency that is trying to collect a debt from you.  It is your personal choice to dispute part of the debt (if the amount is incorrect) or the entire debt entirely.

Once you send this dispute letter off, the debt collection agency cannot contact you again until it has responded to your debt validation letter.  Keep in mind, you always want to send any correspondance to a debt collection agency in writing and as a certified letter.  This means someone has to sign for the letter and you can keep a record of all correspondance — helpful if they start to deny they never received your letter.

The Debt Collection Agency’s Response

You sent your debt validation letter off to put the burden of proof onto the debt collection agency.  Now what?  Well, the collection agency should send you back proof that you owe $XX amount to X creditor.  They must send you a copy of the bill from the original creditor saying you owe that amount.  If they prove that you owe the debt, it’s your responsibility to make payment arranagements.

If the debt collection agency doesn’t verify the debt within 30 days or they can’t verify that you actually owe the debt they claim, they cannot continue collecting on the debt, nor can they list it on your credit reports.