Make Collectors Prove You Owe

[KIEJON9]

The Debt Validation Period

Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice. This notice should be in writing letter letting you know you have the right to dispute the validity of the debt within 30 days. The FDCPA allows the collector to include the debt validation notice in the initial communication.
So, if the debt collector’s first communication with you is by phone, you should receive a debt validation letter from them within five days. If the first communication is by letter, that letter might already include the debt validation notice; otherwise, you should soon get another letter including the notice.
If you don’t dispute the debt in writing within 30 days, the debt collector has the right to assume the debt is valid. During the 30 day period, the collector can continue attempts to collect the debt from you until it receives your validation request.
Submitting a Validation Request

To be valid, your request for debt validation must be submitted in writing. You can dispute the entire debt, part of the debt, or request the name of the original creditor. After receiving your dispute, the debt collector cannot contact you until it has provided you with the requested information.
Your debt validation letter should be sent in writing. It’s best to send the letter via certified mail with return receipt requested. This way, you have proof of the letter’s mailing and receipt by the debt collector. If you have to file a lawsuit against the debt collector, the certified and return receipts will help strengthen your case.
Sample Debt Validation Letter
The Collector's Response

After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor. Verification that you owe the debt and the amount of the debt needs to include documentation from original creditor (however, it is the debt collector who sends it to you). It is not enough for the collection agency to simply send you a printout of the amount owed.
If the debt collector does not verify the debt within 30 days, it is not allowed to continue collecting the debt from you nor can it list the debt on your credit report. Should the debt collector list the debt on your credit report, you can dispute the debt with the credit bureau. Sending the credit bureau a copy of your debt validation letter along with the certified and return receipts will help get the account removed from your credit report.

[hjm331]

I have heard about this. This is good for those who receive phone calls from collection agencies daily and are wrongfully accused of owing the CA some money.

[Rockin35]

Another great wealth of information.

However, playing the role of the Devils Advocate,
I'm assuming this initial thread was for those of us out there who really are "Victims" of being hassled for no reason by collectors.

I mean, realistically speaking, anyone that owes, that knows they owe..... just PAY IT!! Right? I mean really, no point in running from state to state sending blast out letters asking these folks to provide us with bills that we've already recieved?!

I say rule of thumb to live by, pay it if you can, or pay what you can and keep your creditors informed. If you don't owe, and they have the wrong person, or the debt has been cleared yet their billing system has somehow gotten crossed up, I say fight to the death.

Rockin35!

[Meya]

You go girl!

[KellBell]

Yes, you should pay off your old debts. But, I must mention here that some scavenger debt collector called me and threatened to freeze my bank account if I did not pay TRIPLE the original debt I owed to Citibank. At the time, I didn't know my rights and I paid the ridiculous ridiculous balance.

Turns out (after finding out via information brought to me by Finance Globe), the debt collection agency was collecting a debt beyond that given by the Statute of Limitations for New York. It also turns out that I can sue them for my money back because of unfair debt collecting practices.

So, KNOW YOUR RIGHTS!!!!!

[KMoney]

Yes, you should pay off your old debts. But, I must mention here that some scavenger debt collector called me and threatened to freeze my bank account if I did not pay TRIPLE the original debt I owed to Citibank. At the time, I didn't know my rights and I paid the ridiculous ridiculous balance.

Turns out (after finding out via information brought to me by Finance Globe), the debt collection agency was collecting a debt beyond that given by the Statute of Limitations for New York. It also turns out that I can sue them for my money back because of unfair debt collecting practices.

So, KNOW YOUR RIGHTS!!!!!

Amen to that we have to know our rights and you know what make sure that you sue the pants and everything else off of them. And when your finished make sure that they won't even be able to afford a card board box too!

[Meya]

6/17/2009