Validity of a Debt

That is someone who is either ignorant of the law or just plain telling a lie to get you to pay. The law is very clear that if a debt collector is attempting to collect a debt, they must prove that it is yours if you request validation.

Quote:

Per Spears vs Brennan (No. 49A01-0003-CV-169), proper debt validation within the meaning of USC ???? 1692g(b) was found to be, at a minimum: ??????? A copy of the consumer credit contract. ??????? Copies of the complete statement of account detailing what the charges are and when they were made (not just a total dollar figure printed on the debt collector's letterhead).

You need to send a letter, certified mail return receipt, to this debt collector immediately requesting validation. There are sample letters on this site you can customize to use. When the debt collector receives your letter, all collection activity must cease until they can provide you proper validation as stated above.

If they continue to pursue the debt without validating, you should report them to the BBB, the FTC and look into filing a lawsuit against them.

As per the FDCPA:

[quote]???? 813. Civil liability [15 U.S.C. 1692k](a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of ???????? (1) any actual damage sustained by such person as a result of such failure; (2)(A) in the case of any action by an individual, such additional damages as the court may allow[/quote]

As per the FCRA:

[quote]???? 616. Civil liability for willful noncompliance [15 U.S.C. ???? 1681n](a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000.

???? 617. Civil liability for negligent noncompliance [15 U.S.C. ???? 1681o](a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney????????s fees as determined by the court.[/quote]