Saturday, May 29, 2010

What Documents Validate a Debt?

The Fair Debt Collection Practices Act provides the legal framework in which third-party debt collectors must work. The law requires debt collectors to follow certain procedures and provide information to ensure they are collecting debts fairly and accurately. Of the most important aspects of the FDCPA is debt validation. This is the requirement of all debt collectors to be able to prove they have the right to collect the debt. The FDCPA has strict documentation requirements for validation purposes.

Proof of Ownership or Assignment

    The debt collector must show the agreement or contract that it signed with the original creditor to collect the debt. The agreement must include the date the debt was assigned to the collector, the account number and the original debt amount.

Account Statements

    Debt collectors must give you copies of account statements or payment histories from the original creditor. This documentation must include your name, account number, debt amount and the dates of any payments.

Loan Agreement or Application

    If the debt collector cannot provide account or payment statements, it must give you a copy of the credit card application or loan agreement you signed with the original creditor. The application or agreement must have your name, your signature -- handwritten or electronic -- and the date.

Time Limit

    Debt collectors must respond to your request for the validation documents within 30 days of receiving it. If the collector does not respond in the required time frame or cannot provide the necessary documents, the debt collector cannot continue collection attempts and can no longer furnish information about the debt to the credit bureaus.

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