How to Prove Invalidated Debt on Unsecured Debt

Unsecured debt, such as credit card debt, once sent to a collection agency is required under the Fair Debt Collection Practices Act (FDCPA) to be validated upon the consumer's request. Invalidated collection accounts are not permitted to be listed on a consumer's credit report. Proving that a collection agency has refused to validate an unsecured debt is easily done by creating a paper trail.

Instructions

1

Write a letter to the collection agency requesting validation on the account in question. Under the FDCPA, they are required to fulfill this request. Make a copy of the letter and send it certified mail return receipt requested. Keep a copy of the letter, and the return receipt when it arrives in the mail. This documentation proves they received the letter; otherwise the collection agency may claim they never received it. Wait 30 days for their response.

2

Write a second letter to the collection agency. Mention the date they received your first letter and that you haven't received a response. Remind them that they are required under the FDCPA to provide proof that you owe the debt in question; if they cannot, the entry must be deleted from your credit reports. Request validation for a second time. Make a copy of the letter and send it certified mail return receipt requested. Keep a copy of this letter and return receipt as well. Wait 30 days for their response.

3

File a complaint with the Better Business Bureau and your state's attorney general's office for their failure to validate after two attempts. Print copies of your complaints and allow another 30 days for their response.

4

Consult with an attorney for a possible lawsuit due to the collection agency's inability to validate the unsecured debt which they attempted to collect. Provide the attorney with copies of each letter you sent, each return receipt proving they received it, and the complaints filed with the Better Business Bureau and attorney general, which were ignored.