Getting a Debt Validated by a Debt Collector

by Claude

How can I make the debt collectors prove a debt after 30 days have passed and I did not answer their letter for a DV in time? They can't just willy nilly say that I am guilty because I didn't answer their letter within 30 days.

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Apr 10, 2011
Getting a Debt Validated by a Debt Collector

The federal Fair Debt Collection Practices Act (FDCPA) gives you 30 days after you receive an initial notice from a debt collector about a debt it wants to collect from you to dispute the debt and to ask the collector for written verification (or validation) of the debt. Legally, the collector is required to respond to your request in writing.

Unfortunately, if you did not request verification of your debt within the 30 day time period, the debt collector you are dealing with is not required to provide you with written proof of your debt. Therefore, you cannot make the collector prove that you owe the money. However, if you have not already done so, I would ask for the proof anyway. The collector may be willing to provide it to you. Put your request in writing and send your letter via certified mail with a return receipt requested. Make a copy of the letter for your files.

Another option if you truly do not believe that you owe the debt the collector wants you to pay is to send the collector a letter stating that you do not owe the money and explaining why. If you can, provide the collector with copies of any documentation you have that proves that the debt is not yours. Again, send your letter via certified mail, ask for a return receipt, and make a copy of the letter for yourself.

If the collector continues to maintain that you owe the money and you believe that you do not, you may want to schedule an appointment with a consumer law attorney in your area who helps consumers resolve debt collection problems. Sometimes an attorney can get action when a consumer cannot. The attorney's help should not cost a lot.

Of course the longer you go without paying the debt in question, the more you are at risk of being sued for the debt, especially if the debt is substantial. If that were to happen, getting the advice of a consumer law attorney would also be advisable. On your day in court, you would have an opportunity to prove to the judge that you do not owe the money the collector says you owe.

For a full review of all of your options for dealing with a debt and a discussion of your debt collection rights, I recommend that you get our ebook Debt Collection Answers. Click here to read the first chapter of Debt Collection Answers online for free. Best of luck resolving your problem!

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