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If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
§ 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...
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.
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.
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.
Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency.
The name of the creditor. The assumption that the debt will be valid unless you dispute it within 30 days. Notification that you can request verification of the debt within 30 days. Notification that you can request the name and address of the original creditor within 30 days2feff
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.
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.
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.