Friday, August 7, 2009

Request for Verification of Debt

Request for Verification of Debt

Debt collectors send notices to consumers designed to cause debtors to pay the bills in question. Consumers have a source of federal protection in the form of the Fair Debt Collection Practices Act, FDCPA. Consumers have the right to request and to receive verification of debt from collectors. Also called debt validation, debt verification assures debtors that they owe what collectors claim. The debt verification process keeps debt collectors from moving forward with legal judgments and from reporting to credit agencies until they provide specific proof of debt.

Fair Debt Collection Practices Act

    The Fair Debt Collection Practices Act covers the ways debt collectors, not original creditors, attempt to collect debts. Debt collectors must prove, upon written request, that the collector has legitimate claim to money owed. Debt collectors must show proof the collector owns the debt in question and a copy of the original agreement between the creditor and the debtor or original account statements.

Request for Debt Verification

    Consumers must request debt verification, in writing and by mail, within 30 days of initial contact by a debt collector. According to FDCPA Section 809, validation of debts means that a consumer disputes the debt or asks for the identity and contact information for the original creditor. As long as the consumer meets the 30-day requirement, the debt collector cannot continue to attempt collection until the consumer receives all legally requested information.

Debt Verification Letters

    Debt verification letters must include specific elements and information. Consumers should include the date of the letter, the consumer's identity and all contact information, and the debt collector's name and contact data. A debt verification letter needs to reference the account number or any control number the debt collector has assigned. Consumers should refer to the form -- letter or phone -- of the collector's initial contact and the date of the contact. The website Bill Consolidation Central advises not to sign the letter because some debt collectors may copy and forge your signature.

Following Through

    Alleged debtors should send written requests for verification of debt by certified mail with return receipt requested. All related receipts, a copy of the letter and all other correspondence and notes belong in a file for all claims going forward. Consumers should check credit reports and notify collectors if attempts to ding credit or collect the alleged debt continue while the consumer waits for validation of the debt.

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