When Can I Request Debt Validation?

Under the Fair Debt Collections Practices Act, debtors have specific rights when confronted with debt collectors trying to get the debtor to pay an unpaid debt. The law allows debtors to use a debt validation letter, a written demand that the creditor must comply with. Debt validation has time limits that apply to it, so talk to a lawyer if you need legal advice.

Collections Agents

Whenever a creditor contacts you about an unpaid debt, you can request that it sends you a debt validation. This validation proves that you owe the debt. A creditor has to comply with a debt validation demand and provide the consumer with written proof that the debtor actually owes the creditor money. Collections agents who receive a debt validation letter must comply with the demand or they cannot pursue the debtor.

Information

The Fair Debt Collections Practices Act requires that creditors provide debtors with specific information when collecting a debt or when the debtor sends a validation demand. 15 U.S.C. 1692g(a) states that the collection agent must inform the debtor about the amount of money owed, the name of the creditor who owns the debt and a statement that the debtor has 30 days to dispute the debt and that the creditor must mail the consumer proof of the debt or judgment as well as the name and address of the original creditor.

Time Frame

The Fair Debt Collections Practices Act grants consumers the right to send a validation demand to a collections agency within five days after initial contact. 15 U.S.C. 1692g(a) states that debtors can request validation if the initial contact does not contain the required information. However, many initial contacts made by creditors contain the required information and constitute validation of the debt. If this is true, a consumer can initiate a dispute within 30 days.

Disputes

If, after the collections agency has validated the debt, you believe the debt is incorrect or wrong, you can challenge it. To challenge, or dispute, all or part of the debt, you have to notify the collector within 30 days of the validation letter. Once a creditor receives notice of the dispute, it must indicate that on your credit report, according to the New York State Consumer Protection Board.