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 Federal Trade Commission (FTC), or the Consumer Financial Protection Bureau (CFPB).
Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.
Section 1006.34(a)(1) generally requires a debt collector to provide the validation information required by § 1006.34(c) either by sending the consumer a validation notice in the manner required by § 1006.42, or by providing the information orally in the debt collector's initial communication.
Debt collectors may choose to use Certified Mail or other delivery methods to comply with the FDCPA's requirements, and the specific method of delivery may vary among collection agencies.
Even though individuals send Certified Mail, it's most common for businesses to send it.
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.
And sometimes someone is trying to scam you. That's why it's important to verify your debts with the proper documentation, such as a debt validation letter. Doing so can protect you from scammers, prevent debt collectors from pestering you and keep you from paying money you don't owe.
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.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
To further establish as evidence the date and fact that you sent the debt collector a DV letter, it's a good idea to have someone else mail your DV letter along with an "Affidavit of Mailing". This signed and notarized affidavit by a third party will firmly establish your evidence of mailing the DV letter.
If a bill that's reported to debt collection never came to you first, you can file a dispute with the credit bureaus. In your dispute letter, say that you were never notified of the debt.
Cease Collection Efforts: If the creditor cannot validate the debt, they must cease all collection efforts until proper validation is provided. Dismissal of Lawsuits: If the creditor has filed a lawsuit against the debtor, failure to validate the debt can result in the dismissal of the case.
Once you receive the notice, you'll have 30 days to dispute it by writing a verification letter. Your validation notice will include information you can use to respond to the collection agency, along with the date by which you need to reply.
Validating the Debt
Within 5 days of being contacted by a debt collector, the collector must provide a written notice with information about the debt. The debt collector may instead include this information in the initial communication.
How to Request Debt Verification. 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.
(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.
However, they can pass the debt back to your original creditor who can apply for a court order known as an 'order to obtain information' that allows them to access your bank accounts. This may mean you're invited to a court hearing to answer questions about your financial situation under oath.