Debt Validation Secrets

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Requesting Debt Validation - One of Your Best Weapons Against a Collection Agency

If a collection agency is coming after you, protecting your rights under the Fair Debt Collection Practices Act (FDCPA), may be as simple as writing a letter.  Many times debt collectors are collecting on old debts with no way to verify that the amount they claim you owe is accurate or that they have the right to collect it.

The FDCPA is very clear on what must happen after initial contact by a debt collector.

809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

a

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What Does This Mean to You ?!?!?

Free Special ReportIn layman's terms it means that if the first time a collection agent has contact you is by phone they have five days to send you a letter informing you of your rights under the Fair Debt Collection Practices Act.

If their first communication is by mail and it does not include this verbiage then they have five days to send you another letter giving you your rights under the Fair Debt Collection Practices Act.

A complete guide for know your rights when you owe money

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Request Debt Validation - Stop a collection agency in their tracks

Requesting validation can be done several ways but most importantly do it in writing and document everything.

The FDCPA does not require a dispute to be in writing, but it does require it to be in writing to stop collection activity. Once they receive your dispute/validation request they have to cease collection activity until it is provided.

The simplest way is to send a letter to the collection agency disputing the debt. It does not matter if you recognize the debt and possibly owe the money. It is now their job to prove that you do. Regardless they must cease collection activity until they do.

If you send them a letter requesting validation make sure you send it certified mail return receipt requested.

You can also send in a dispute via fax or email. If the collection agency has a website you can usually find their fax number or contact email fairly easy. Just make sure you keep a record of this communication.

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