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§ 1006.34 Notice for validation of debts.Deceased consumers.Bankruptcy proofs of claim.In general.Subsequent debt collectors.Last statement date.Last payment date.Transaction date.Assumed receipt of validation information.More items...
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.
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.
You can submit a complaint via the FTC website under the link for consumer complaint. Contact each credit reporting agency and dispute the debt. You can do this via their websites. Notify them that you have failed to receive debt verification from the debt collector.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
Timing is an important and specific concern. The consumer has 30 days to send the debt verification letter. If you don't attend to it within a month, the debt may, again, be presumed to be valid and collection efforts may continue. Then the debt collector has five days to respond in writing.
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.
Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency.
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.
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. A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.