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Debt validation request to a collection agency

by Stan Burman

A debt validation request to a collection agency is the topic of this blog post.

A debt validation request to a collection agency is governed by the Fair Debt Collection Practices Act (FDCPA) provision found in Title 15 United States Code section 1692g(b) which allows consumers to send a written communication to any third-party debt collector such as a collection agency informing the collection agency that their claim is disputed and validation of the debt is requested.

The first thing to do after receiving any communication from a debt collector is to first determine if the debt may be valid or not.

Section 1692g(b) also states that if the consumer notifies the debt collector in writing within thirty days that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Consumers should send any debt validation request letter within thirty days of receiving any communication from a debt collector as this will prevent the debt collector from any further attempts to collect the debt until they have obtained verification of the debt.

If the debt validation letter is not sent within thirty days the debt collector may continue attempts to collect the debt while they obtain verification of the debt.

Note that even if you do not dispute the debt that does not constitute any admission of liability on your part as Title 15 United States Code section 1692g(c) states in pertinent part that even if a consumer does not dispute the validity of a debt within the thirty day period that failure to dispute the validity of any debt may not be construed by any court as an admission of liability by the consumer.

Requesting that a collection agency validate a debt is not always a good idea where the debt is clearly valid as sending the debt validation letter may prompt the debt collector to not only verify the debt but also take further collection actions. However if the name of the creditor is listed on the collection agency notice and you do not recognize the name of the creditor than the use of a debt validation letter should be seriously considered.

Attorneys or parties who would like to view or download a sample debt validation letter to a collection agency created by the author and available for FREE download in Word format can use the link shown below.

Sample Debt Validation Letter to Collection Agency by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, has collected California judgments since 1992, and is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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