Don't Think You Owe? Ask for Debt Validation (2024)

By

LaToya Irby

Don't Think You Owe? Ask for Debt Validation (1)

LaToya Irby is a credit expert who has been covering credit and debt management for The Balance for more than a dozen years. She's been quoted in USA Today, The Chicago Tribune, and the Associated Press, and her work has been cited in several books.

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Updated on January 15, 2022

Reviewed by

Margaret James

Don't Think You Owe? Ask for Debt Validation (2)

Reviewed byMargaret James

Peggy James is an expert in accounting, corporate finance, and personal finance. She is a certified public accountant who owns her own accounting firm, where she serves small businesses, nonprofits, solopreneurs, freelancers, and individuals.

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Don't Think You Owe? Ask for Debt Validation (3)

Don't believe you truly owe a debt? You have the right to force the debt collector to prove you owe the money. Debt validation is your federal right granted under the Fair Debt Collection Practices Act (FDCPA). To request debt validation, you must send a written request to the debt collector within 30 days of being contacted by the collection agency. The answers to these frequently asked questions about debt validation will help you better understand the process.

What is an initial communication?

However the collector chooses to contact you about the debt for the first time is the initial communication. It can be a phone call or a letter. The initial communication should include how much you owe, to whom, and other pertinent information. The debt collector must also notify you, in writing, of your debt validation rights within five days of its initial communication to you.

What if I don't receive a debt validation notice after the first communication?

It's possible the debt validation notice was included in the first communication. Under the FDCPA, this is allowed as long as the notice is made in writing. You may have even missed it. In any case, you can send your request for debt validation regardless of receiving the debt validation notice from the debt collector. Make sure you send the request before the 30-day period has ended to ensure your rights are protected.​

What should a debt validation notice say?

The collector's debt validation notice to you should be made in writing. It should include the following:

  • Amount of the debt
  • The name of the creditor
  • The assumption that the debt will be valid unless you dispute it within 30 days
  • Notification that you can request verification of the debt within 30 days
  • Notification that you can request the name and address of the original creditor within 30 days

How do I prove the debt collector received my validation request?

When you send your validation request, you should send it via certified mail with return receipt requested. You can use the return receipt as proof your letter was received by the debt collector. If you do not receive the return receipt, you can check the status of the letter with the United States Postal Service using the tracking number on your certified mailing receipt.

What if the collector doesn't respond?

After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. The collector cannot resume collection activity until it responds to your dispute.

Can I dispute the debt after the validation period?

Technically, you can send a debt validation letter after the 30-day validation period. However, the debt collector isn't legally required to respond to your validation request. Nor does the collector have to stop collection activity on the account. To exercise the rights given to you by the FDCPA, you should send your validation letter within 30 days of receiving a debt validation notice.

What if I sent a dispute, but the collection still appears on my credit report?

The collector isn't allowed to list the debt on your credit report after receiving your dispute. Before taking action, check a few things.

  • Did the collector receive your dispute? If you didn't receive a signed return receipt, use the United States Postal Service website to confirm the letter was received by the collector.
  • Did you send the dispute within the 30-day time frame? Sending your dispute after the 30-day period nullifies your right to debt validation.

If you are sure the collector received the dispute and that you sent it on time, you can submit a credit report dispute to the credit bureau. Use a copy of your debt validation notice and certified mailing receipt as proof the debt shouldn't be reported.

How do I report violations?

If you can prove the debt collector has violated your rights under the FDCPA, you can sue in federal or state court for up to $1,000, including damages. You should also report violations to the Federal Trade Commission (FTC).

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Don't Think You Owe? Ask for Debt Validation (2024)

FAQs

How do you respond to debt validation? ›

Once you receive the debt validation information, you have 30 days to dispute the debt in writing. Failing to request verification in writing or within this time period can affect your ability to assert your rights under the debt collection rule.

Do debt validation letters really work? ›

While debt validation requests can be a useful tool, they are not effective at resolving the issue. In most cases, creditors and collection agencies are able to provide the necessary documentation to prove the validity of the debt.

How to prove you don't owe a debt? ›

Your evidence could include any of these things: a receipt for the payment. a copy of the debt statement showing final payment. a letter from the creditor saying the debt is paid.

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What not to say to a debt collector? ›

Debt collectors may ask questions to verify your identity, but you should never provide sensitive or financial information, at least not until you've verified the debt and that it's not a scam.

What happens if a debt collector does not respond to a validation request? ›

If the debt collection agency doesn't respond to your request for a debt validation letter, it is violating the Fair Debt Collection Practices Act (FDCPA). This is the federal law that governs third-party debt collection practices. You can report this violation to the CFPB and/or your state's attorney general's office.

How long does a debt collector have to validate a debt? ›

There's no set time limit in which collectors must respond to a debt verification request you send them. However, they're required to send a debt validation letter within five days of first contacting you.

What debt collectors don't want you to know? ›

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

What happens if you ignore debt letters? ›

Some of these letters have strict deadlines and your creditor can take further action if you do not reply. Ignoring them is not a good idea. Make sure your creditors have your current address. You might not know about court action if you do not get important letters.

How do I dispute a debt I don't owe? ›

Contact the creditor if you are sure the debt is not yours.

Ask them for proof if they insist you do owe the debt.

How can I settle my debt without paying? ›

Outside of bankruptcy or debt settlement, there are really no other ways to completely wipe away credit card debt without paying. Making minimum payments and slowly chipping away at the balance is the norm for most people in debt, and that may be the best option in many situations.

How to outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

What tricks do debt collectors use? ›

Top 7 Debt Collector Scare Tactics
  • Excessive Amount of Calls. ...
  • Threatening Wage Garnishment. ...
  • Stating You Have a Deadline. ...
  • Collecting Old Debts. ...
  • Pushing You to Pay Your Debt to “Improve Your Credit Score” ...
  • Stating They “Do Not Need to Prove Your Debt Exists” ...
  • Sharing Your Debt With Family and Friends.
Dec 13, 2023

What is the word of one who Cannot pay his debt? ›

Insolvent is a person who has no money to pay off his debts.

How long do you have to respond to debt validation? ›

How long does it take for a collector to respond to a request? There's no set time limit in which collectors must respond to a debt verification request you send them. However, they're required to send a debt validation letter within five days of first contacting you.

How do you respond to a debt collection notice? ›

Dear debt collector, I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.

How do you respond to being served for credit card debt? ›

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

What is the next step after sending debt validation letter? ›

Next Steps

After you have mailed your request, debt collectors should send you any documentation they have that you owe the debt. Or, they may stop all collection efforts if they don't have enough information to prove you owe it. If they send documentation, review it carefully and compare it to your own records.

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