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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.
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.
This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you.
In Maryland, the statute of limitations on debt collection is three years. This means creditors have up to three years to file a lawsuit against you for the debt you supposedly owe.
Unless your state law provides otherwise, the FDCPA only requires debt collectors, not original creditors, to verify debts in certain circumstances. This requirement includes law firms that are routinely engaged in collecting debts.
It's generally a good idea to send the letter by certified mail. Also, if you pay for a "return receipt," you'll have proof the debt collector received your letter. You can also fax the verification request to the debt collector and save the fax receipt as proof.
When asking for proof, remember these tips:Always put your verification request in writing.Ask the debt collector to respond to you in writing.Ask the collector to verify the original amount of the debt that is still owed and any interest, late fees, and collection fees.More items...?
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.