Has a debt collector ever contacted you about a debt that you weren’t sure was yours? Under the Fair Debt Collection Practices Act, a federal law regulating debt collectors, you can request the debt collector to send proof of the debt. This process is called debt validation.

The Debt Validation Period

Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice. This notice should be in writing letter letting you know you have the right to dispute the validity of the debt within 30 days. The FDCPA prescribes that the collector must include the debt validation notice in the initial communication.
So, if the debt collector’s first communication with you is by phone, you should receive a debt validation letter from them within five days.
If the first communication is by letter, that letter might already include the debt validation notice; otherwise, you should soon get another letter including the notice.If you don’t dispute the debt in writing within 30 days, the debt collector has the right to assume the debt is valid. During the 30 day period, the collector can continue attempts to collect the debt from you until it receives your validation request.

Submitting a Validation Request

To be valid, your request for debt validation must be submitted in writing. You can dispute the entire debt, part of the debt, or request the name of the original creditor. After receiving your dispute, the debt collector cannot continue collection activity until it has provided you with the requested information if you requested validation within thirty days from you receipt of their initial communication. This includes verifying a consumer dispute of any tradeline through the credit reporting agencies. Contact Jason Barnette, if a TN resident, is this happens.

Your debt validation letter should be sent in writing. It’s best to send the letter via certified mail with return receipt requested. This way, you have proof of the letter’s mailing and receipt by the debt collector. If you have to file a lawsuit against the debt collector, the certified and return receipts will help strengthen your case.

Sample Debt Validation Letter

The Collector’s Response

After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor or cease collection efforts. Verification that you owe the debt and the amount of the debt needs to include documentation from original creditor (however, it is the debt collector who sends it to you). It is not enough for the collection agency to simply send you a printout of the amount owed. Again, if this does happen, contact Jason Barnette at Barnette Law Offices, LLC at 615-585-3885.

Should the debt collector list the debt on your credit report, you can dispute the debt with the credit bureau. Sending the credit bureau a copy of your debt validation letter along with the certified and return receipts will help get the account removed from your credit report. If any portion of the account tradeline is inaccurate and/or incomplete but, is verified, it may give rise to an FCRA claim as well.

If you're a Tennessee resident at this has happened to you, contact Jason Barnette - Attorney at Law at Barnette Law Offices, LLC. Our number is 615-585-3885 and our website is http://barnettelawoffices.com