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If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.
The key is to be thorough in your request for debt verification. In your letter, ask for details on: Why the collector thinks you owe the debt: Ask who the original creditor is and request documentation that verifies you owe the debt, such as a copy of the original contract.
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.
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.
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.
To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.
When writing the letter, request that the collection agency or creditor provide you with:Documentation that you owed the debt at some point, such as a contract you signed.How much you owe and the last outstanding action on the debt, which can be shown by documents such as the last statement or bill.More items...?
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.