Validating debt

You'd be surprised how often a collection agency cannot validate a debt and therefore cannot legally enforce collections. (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. It means that you have a right to dispute the debt, but not doing so also gives the collector the right to assume the debt is valid.

Here are four questions posed to legal counsel at the Federal Trade Commission which are important enough to include here: 1) "Is it permissible under the Fair Debt Collection Practices Act for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g? As stated in the Commission's Staff Commentary on the Fair Debt Collections Act, a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under 1692g.

How do you know the debt is yours and that you actually owe them?

Make debt collectors and junk debt buyers provide proof you owe them.

2) "Is it permissible under the Fair Debt Collection Practices Act for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in 1692g?

Usually, the address creditors use on your credit report is an appropriate address for a debt validation request.Everything you need to know about Validation Of Debts-Estoppel- Understand debt validation including rights under the Fair Debt Collection Practices Act This page covers Validation Of Debts: Validation of debt.A powerful weapon in safely handing collection accounts.As an example, if the debt collector’s first communication with you is by phone, you should receive a debt validation letter from them within five days thereafter.If the first communication is by letter, that letter might, and often does, already include the debt validation notice; otherwise, you should soon get another letter including the notice.

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