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According to the above FDCPA Section, Debt Validation is defined as the debt collector contacting the original creditor to affirm the debt amount being requested is correct. It is highly doubtful the debt collector ever contacts the original creditor for any debt validation purposes.
The name of the creditor seeking payment. A statement that the debt is assumed valid by the collector unless you dispute it within 30 days of the first contact. A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.
Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.
At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.
Does a Debt Collector Have to Show Proof of a Debt? Yes, debt collectors do have to show proof of a debt if you ask them. Make sure you understand your rights under credit collection laws.
§ 1006.34 Notice for validation of debts.Deceased consumers.Bankruptcy proofs of claim.In general.Subsequent debt collectors.Last statement date.Last payment date.Transaction date.Assumed receipt of validation information.More items...
If you believe you do not owe the debt or that it's not even your debt, send a written request to the debt collector and dispute the debt. You can also send a written request to the debt collector to receive more information about the debt.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
How to Write a Debt Verification LetterDetermine the exact amounts you owe.Gather documents that verify your debt.Get information on who you owe.Determine how old the debt is.Place a pause on the collection proceedings.