Proof of Debt Validation
Debt validation is one weapon that you have against debt collectors if you are not sure you owe the debt. The Fair Debt Collection Practices Act provides debtors with the ability to request validation within 30 days after receiving notice of a debt from a collection agency.
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Right to Validate
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Collectors must inform you of your right to validation by including a clause in the first collection letter that states that the collector will consider the debt valid unless you dispute the debt according to U.S. Code 15 paragraph 1692(g). The statement also informs you of your right to request information regarding the original creditor and that after receiving a request for proof of the validity of the debt the collector will send verification of the debt before continuing collection activity.
Validation Request
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Your notification must be in writing to be valid. Write a letter to the collection agency stating that you dispute the debt and ask them to provide verification of the debt. Send the notification by certified mail and request a return receipt. Even though you have to pay for the extra services when mailing your letter, having the proof that you sent the request for validation will be important if the collection agency sues you.
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Response to Validation
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While there are no time limits on the collection agency regarding when they must respond to your request for validation, the agency cannot contact you or place negative items on your credit report until it provides the validation. The courts do not consider a simple printout of the amount of the debt as proper validation. Validations should include the dates of charges, the service or items provided for the charges and the amount of the debt.
Considerations
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Check the statute of limitations in your state to determine if the debt is collectible. If the debt is too old, respond to the collection demands with a letter stating the statute for your state. If the collection agency is able to validate the debt, you can consider debt negotiation -- where you negotiate the amount of the debt that you will pay -- or bankruptcy. If you do nothing, you risk the agency suing you for the debt.
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