Debt Validation Notice» Print This Page
- August 31, 2009
- Debt Collector Harassment
Validation of a debt simply means confirmation or verification of the debt under the Fair Debt Collection Practices Act (FDCPA). The FDCPA provides specific legal rights to a consumer who requests a validation notice to verify the debt. That law requires that the debt collector must generally provide you a written notice within five days after they first communicate with you.
As an experienced consumer lawyer, I know what the FDCPA spells out for the content of the notice that debt collectors must provide to you. First, they must state the amount of the debt. Second, they must provide you the name of the creditor to whom the debt is owed. They must also provide you with several statements about your rights:
- You can dispute the validity of all or part of the debt. Unless you dispute it within 30 days of your receipt of the notice, they will assume the debt is valid.
- If you notify the debt collector in writing within 30 days that you dispute the debt, they will obtain verification of the debt and mail you a copy.
- If you request in writing within 30 days, the debt collector must provide you with the name and address of the original creditor, if different from the current creditor.
If you notify the debt collector in writing within those 30 days that you dispute all or part of the debt, or that you request the name of the original creditor, the debt collector must cease collecting the debt until the debt collector obtains verification of the debt or the name of the original creditor and mails it to you. Even if you fail to dispute the validity of the debt, it may not be used against you in court as an admission that you owe the debt.
I will be happy to put my experience to work for you in ensuring that your legal rights are protected.Share This