Right to Request Validation
Federal law grants you the right to request that a debt collector provide proof that you owe a debt. It is the best way to ensure you are not paying a debt you do not owe or a debt that is not authorized for collection.
The debt validation request is time-sensitive. You must submit your request in writing within 30 days of the initial contact from the debt collector. If you wait longer than 30 days, your validation request may not be protected under the Fair Debt Collection Practices Act.
Your rights will not be protected if you make the debt validation request over the phone. Don’t worry if you don’t know what to say in the letter; there is a template below that you can use as a guide.
Once you send the validation request, also known as a debt verification letter, the collector must cease collection efforts until they send you sufficient proof of the debt. This means they cannot contact you or send you letters or report the debt to your credit report.
How to Write a Debt Validation Letter
In the letter, mention the date and manner of the initial contact, such as “a phone call I received from your agency on April 25, 2019.” You also need to include a statement requesting debt validation. Do not admit to owing the debt or suggest payment.
Send your letter via certified mail, so you have proof of the date you sent it and when it was received.
Example of a Debt Validation Letter:
To: Account Number
This letter is sent in response to [letter/phone call] I received on [date of receipt]. I am requesting that you provide me with validation of this debt.
Please send the following information:
• The name and address of the original creditor, account number, and the amount owed.
• Verification of a valid basis for the claim that I am obligated to pay the current amount due.
• Details about the age of the debt and the amount of the debt, including a copy of the last billing statement from the original creditor; a detailed explanation of any added fees or payments made since the last billing statement and the legal authority for such fees; the date the original creditor claims this debt became delinquent.
• Whether this debt is within the statute of limitations and how that was determined.
• Please also provide details about your authority to collect this debt: whether you are licensed in my state, and if so, provide the license date, name on the license, license number, and the agency that issued the license along with the address and phone number for the licensing government agency. If you are contacting me from outside my state, please also provide licensing information from your state.
Sincerely,
Your Name
Debt Collector’s Response to Validation Request
If the debt collector does not send you proof of the debt, any future collection efforts are considered a violation of the Fair Debt Collection Practices Act. Please note that your account may be assigned or sold to a new debt collection agency. In this case, your validation request does not apply to the previous collection agency.
Otherwise, if the debt collector sends verification, determine whether the debt is within the statute of limitations and decide how you would like to proceed. Paying the debt means eliminating the obligation entirely. You may be able to negotiate a settlement for less than the full amount owed. Finally, if the debt is outside the statute of limitations in your state, you can ignore the debt if you have no interest in paying it, but remember that collection efforts can continue indefinitely.
Questions
Frequently Asked Questions (FAQs)
How long does a debt collector have to respond to a debt validation letter?
There is no time frame specified by law for a debt collector to respond to a debt validation letter. However, the collector must cease collection activities until they respond to your letter and provide proof that you owe the debt.
When should I request debt validation?
If you are unsure whether the debt is valid, you should submit a debt validation request immediately. Under the law, you must request validation within 30 days after receiving a collection notice. If you wait longer than that, the debt collector is not obligated to respond to your request.
Was this page helpful?
Thank you for your feedback!
Source: https://www.thebalancemoney.com/sample-debt-validation-letter-for-debt-collectors-960597
Leave a Reply