What happens when you send a debt validation letter?

Asked by: Dr. Pierce Keebler  |  Last update: March 15, 2024
Score: 4.7/5 (22 votes)

The collection agency can't collect the debt until it's verified — they must get a copy of the original bill or other documentation to corroborate what was sent in the debt validation letter.

What happens after sending debt validation letter?

After you have mailed your request, debt collectors should send you any documentation they have that you owe the debt. Or, they may stop all collection efforts if they don't have enough information to prove you owe it. If they send documentation, review it carefully and compare it to your own records.

Do debt validation letters really work?

While debt validation requests can be a useful tool, they are not effective at resolving the issue. In most cases, creditors and collection agencies are able to provide the necessary documentation to prove the validity of the debt.

What is the next step after debt validation?

Once you receive the debt validation information, you have 30 days to dispute the debt in writing. Failing to request verification in writing or within this time period can affect your ability to assert your rights under the debt collection rule.

What happens when a debt collector sends you a letter?

Receiving a collection letter can be considered the first step in the collection process that could lead to a lawsuit being filed against you to collect the debt. A collection agency from whom you have received a letter will typically turn the file over to an attorney if they are unable to acquire a payment.

How to dispute collections strategically using a debt validation letter

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What happens when a collector does not answer a debt validation letter?

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must respond to a request for a debt validation letter. If they don't, they're in violation of the act. You can report them to your state's attorney general, the FTC or the Consumer Financial Protection Bureau (CFPB).

How long does a creditor have to respond to a debt validation letter?

There's no set time limit in which collectors must respond to a debt verification request you send them. However, they're required to send a debt validation letter within five days of first contacting you.

What are the three stages of the debt collection process?

Let's take a look at the following three steps in the debt collection process:
  • Stage 1 - Early stage collections (less than 30 days past due)
  • Stage 2 - Mid-stage collections (30-90 days past due)
  • Stage 3 - Late stage collections (over 90 days past due)

What happens if a debt collector does not validate debt in 30 days?

If the collection agency failed to validate the debt, it is not allowed to continue collecting the debt. It can't sue you or list the debt on your credit report.

What does a debt collector need to provide as debt validation?

What must a debt validation letter include?
  • The amount owed.
  • 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.

What is the difference between a debt verification letter and a debt validation letter?

In this article, “debt validation letter” means the initial notice a debt collector must send you under federal law, and “debt verification letter” means a letter you send to the debt collector to request more information and/or to dispute the debt.

What is the 11 word phrase to stop debt collectors?

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

How do I get rid of debt collectors without paying?

If you notify the debt collector in writing that you dispute the debt within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.

What debt collectors don t want you to know?

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

What is the timeframe for debt validation?

(5) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph (c) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information.

Do debt collectors have to prove you owe?

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.

Do I have to pay a debt if it has been sold?

Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.

What is a drop dead letter?

Send a 'drop dead' letter

You have the right to ask them to stop contacting you. To do so, you can send what's sometimes referred to as a “drop dead letter” — a written notice to the debt collector informing them you want no further contact. By law, debt collectors are required to follow this request.

What are 3 things that a debt collection agency Cannot do?

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What are the three things debt collectors need to prove?

In order to win a court case, a debt collector must prove that they have proper ownership of the debt, that you actually owe the debt, and that the amount they claim you owe is correct.

What is the order of debt payout?

You cannot decide the order in which your creditors are paid. Instead, bankruptcy law sets forth the order that your bankruptcy trustee must pay your debts. Usually, the trustee pays them in this order: secured debts first, followed by priority debts, and then unsecured debts.

Can I pay original creditor instead of collection agency?

Your original creditor may be most willing to take your debt back if you have already worked out a plan with your debt collector and begun repaying what you owe. So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan.

What happens when a debt is sold to a collection agency?

The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly — preferably before it's sent to a collection agency.

What happens if you never pay collections?

Let's Summarize... If you're facing debt collection, it's important to understand how the process works and what options you have. If you ignore a debt in collections, you can be sued and have your bank account or wages garnished or may even lose property like your home. You'll also hurt your credit score.