In case you have been contacted by a debt collector regarding a debt you have the full legal rights to ask the collector to prove if the debt is actually yours. This process of requesting for a proof of the debt from your debt collector is called debt validation.
There may be various questions that you have about debt validation. Some of these are as follows.
When should you receive the debt validation notice?
You must receive a debt validation notice from your debt collector within 5 days of the first communication. This notice is sent to let you know that you can dispute the validity of the debt within 30 days. As per the FDCPA law the debt collector is permitted to include this notice of debt validation in the initial communication. Thus, you are entitled to receive a debt validation notice within 5 days of the first contact. If the first contact or communication is via phone, then you will receive the notice 5 days later.
What to do if you do not receive a notice after the first contact?
If the first communication was done via a letter, then there are high chances that the notice was provided with the first communication. This can be done only if the notice is provided in writing else the notice is to be sent to you within 5 days of the first contact. However, if you have missed the notice, then you can request for debt validation even if you do not have the notice. To make sure that your rights are protected you must send the request for validation before 30 days end.
What is your debt validation notice supposed to say?
The debt validation notice that the collector is supposed to provide you in writing is supposed to have certain details. It should mention the amount of the debt the collector says you owe and the name of the creditor for whom you owe it. It should make it certain that the debt will be considered valid until you decide to dispute it within 30 days. The notice is most importantly to notify you that you can request verification of the debt and that you can also ask for the name and address of the original creditor. Both these have to be done within the 30 day period.
How to submit a request for debt validation?
In order for your validation request to be valid you have to submit it in writing. You can choose what you want and either dispute the entire debt or dispute parts of it. You may also request the name of the creditor who you originally owed the debt to. Sending the letter of dispute via certified mail is considered the best way, as you have the proof of the mailing of the letter along with the receipt by the debt collector.
Can you argue the debt when validation period is over?
Even after the 30 day period gets over you can send a debt validation letter to the debt collector. However, in such a case your collector is not enforced by law to respond to your request. The collector can also go on with the collection activity which would have stopped if you had sent the validation letter within the 30 day period. Thus, if you want to exercise the rights that the FDCPA law grants you, then you must send the letter to the debt collector within the period of 30 days.
Thus, this is how you must go about debt validation. In case you think that a debt collector is violating the rights you can either report him to the Federal Trade Commission or sue him in a federal or state court.
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