8 Debt Validation Frequently Asked Questions

Do you doubt that you owe a debt? You have the legal right to make the debt collector show that you owe the money. The Fair Debt Collection Practices Act gives you the right to have your debt validated (FDCPA). You must file a written request to the debt collector within 30 days after being contacted by the collection agency to obtain debt validation.  The answers to these commonly asked debt validation questions can help you better comprehend the procedure.

What is an initial communication?

The initial communication is however the collector decides to contact you about the debt for the first time. A phone call or a letter might be used. The first message should contain how much you owe, who you owe it to, and other relevant details. Within five days of its initial communication with you, the debt collector must also advise you in writing of your debt validation rights.

What happens if I don’t get a debt validation notice after the initial contact?

The debt validation notification may have been included in the initial letter. This is legal under the FDCPA as long as the notification is in writing. It’s possible you overlooked it. In any event, you can send your debt validation request regardless of whether or not you have received a debt validation notification from the debt collector. To guarantee that your rights are preserved, send the request before the 30-day period expires.

What should be included in a debt validation notice?
  • Amount of the debt
  • The name of the creditor
  • The assumption is 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 days
How can I confirm that the debt collector got my request for validation?

Sending your validation request through certified mail with the return receipt requested is recommended. You can use the return receipt as proof that the debt collector received your letter. If you do not get a return receipt, use the tracking number on your certified postal receipt to verify the status of the letter with the US Postal Service.

What if the collector does not return your call?

The collector must stop trying to collect the debt from you after receiving your disagreement. This involves making phone calls, writing letters, and filing a credit report to disclose the debt. The collector is unable to resume collecting activities until your disagreement is resolved. 3

Is it possible to contest the debt after the validity time has passed?

After the 30-day validation period, you can technically submit a debt validation letter. The debt collector, on the other hand, is not legally compelled to react to your validation request. The collector is also not required to discontinue collecting on the account. You must send your validation letter within 30 days of getting a debt validation notification in order to utilize your FDCPA rights.

What happens if I file a dispute but the collection remains on my credit report?

After receiving your dispute, the collector is not authorized to list the debt on your credit report.

Check a few things before taking action.

Is the collector aware of your complaint? If you didn’t get a signed return receipt, check the United States Postal Service website to see if the collector got your letter.

Did you submit your claim within the 30-day period? Your right to debt validation is nullified if you send your dispute after the 30-day deadline has passed.

You can file a credit report dispute with the credit bureau if you are certain the collector got the dispute and that you delivered it on time. As proof that the debt should not be disclosed, keep a copy of your debt validation notification and a certified postal receipt.

What is the procedure for reporting violations?

You can sue in federal or state court for up to $1,000 in damages if you can establish the debt collector violated your rights under the FDCPA.

You could also notify the Federal Trade Commission about any infractions (FTC).

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