Store Front PDL
Date: Sun, 10/22/2006 - 10:32
Store Front PDL
validation of debt
Your right to obtain validation and verification of debts that are attributable to you is the most important right granted to consumers by the fdcpa. This very important right, however, is one of the most misunderstood rights. Self-help consumer websites often contribute to this misunderstanding by advising consumers that their rights to verification are broader than what is allowed by law.
Your Validation Rights
The Fair Debt Collection Practices Act states that a debt collector must inform you of your validation rights within 5 days of its initial contact with you regarding a debt.
You can be advised of your validation rights verbally, in writing, or both.
You must be notified that if you dispute the debt within 30 days of being informed of your validation rights, the debt will not be presumed to be valid.
You must be notified that if you request, in writing, verification of the debt, all collection activity must stop until the collection agency has provided you with written verification of the debt.
You must be notified of the amount of the debt, and the amount of any fees.
The 30 day period during which you can dispute the validity of the debt (the ???????validation period???????) is not a grace period from collection activity. debt collectors may contact you during the period of time, may collect money from you, and may even sue you.
Presumption of Validity
If you do not dispute the debt within the first 30 days after being notified of your validation rights, the debt will be assumed to be a valid debt by the debt collector; however, there is no rule preventing a debt collector from reporting the debt to a credit reporting agency to be included in your credit file during this initial 30 day period. A recent Arizona court ruling has held that there is no requirement that your dispute of a debt be made in writing, and the collection agency violates the law if it requires written disputes in order to overcome the presumption of validity, so a simple statement to a debt collector over the phone that you dispute the debt is sufficient to overcome the presumption of validity.
Verification of the Debt
Debt verification is synonymous with debt validation. If, within 30 days of receiving notice of your validation rights, you write to the collection agency to request verification of the debt, the debt collector must stop all collection activity until they have mailed proof of the debt to you. The law does not require a collection agency to send proof of the debt to you if they choose to simply stop collecting on the debt, nor does the law impose a time within which they must send the proof to you. Adequate proof of the debt varies depending on the type of debt, but at a minimum, the proof should consist of:
The original amount of the debt.
The date the debt was incurred.
The name and address of the original creditor.
A statement that the debt has not been paid.
A statement that the original creditor provided goods or services in consideration of the debt.
There is no legal requirement that a debt collector provide you with a notarized statement or the original underlying contract,or even a copy of the contract, or an itemized statement; a letter providing the information outlined above is generally sufficient proof for verification purposes. Further, there is no requirement that a debt collector provide you with verification of the debt, or cease collection activity, if you request verification after the initial 30 day period has passed, even if you are sent another validation notice.
Failure To Dispute Debt Is Not An Admission Of Liability
If you fail to exercise your validation rights and dispute the debt during the initial 30 day validation period, you are not admitting that you owe the debt. Should the debt collector or original creditor sue you to collect the debt, they will still have to produce proof in court that you owe the debt.