What is debt validation?
Debt validation is the debtor's right to ask for validation of a debt a creditor claims he owes. A letter requesting validation of the debt should be sent to the creditor or the collection agency, if they claim that you owe the debt, either by sending a collection letter or by reporting the debt on your credit report.
Debt validation letters (DV letters) should always be sent by certified mail requesting a return receipt or faxed, so that you have proof that you have asked for the debt to be validated if the creditor fails to validate the debt. When you ask for debt validation from a debt collector, they need to provide you with a copy of the original signed contract between you and the original creditor and the account statement showing your outstanding debt. In addition to these two documents, the collection agency must provide you with proof that they have been given the right to collect the debt by the original creditor, or they have purchased the debt from the original creditor.
On receiving the debt validation letter, the creditor or the collection agency must provide you with proper validation within a few days from the date they receive your DV letter. If they fail to validate the debt within this period, then you are no longer liable to pay the debt under the Fair Debt Collection Practices Act.
Here is a sample debt validation letter which will help you to ask for debt validation.
Name of CA
Address of CA
Re: Your Account No:
I checked a copy of my credit report and realized that there was a collection reported from your agency, which I was not notified about. I do not reject to provide with the debt amount. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that your claim is disputed and a validation is demanded. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.
Please dispatch copies of the following with your reply:
1. The agreement which authorizes you to collect debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account and validation of the amount.
Hope this helps :)
Hey Laura great letter. Look at this one. This is a debt validation follow up letter that can be used up if they dont communicate after the letter that you sent
Your Street address
RE: the account number
I had sent you a request to validate my debt, account no.__________ on____________.
According to the Fair Debt Collections Practices Act (FDCPA), I have the right to aver a validation of the debt and you are obligated to provide me with the relevant documentation. I have received no reply from you except the confirmation of receipt of letter on____, whereas the other credit bureaus have sent their verified document.
You are now in violation of the FDCPA and subjected to a fine of $1,000 (refer to the act for updated value), which I may collect by filing a claim. I intend to continue with the suit in case I receive no further communication from you within the coming <10> days.
This might result in a black mark on your standing. This has the possibility of landing you in serious legal dilemma with the FTC and other state and federal agencies.
PLEASE TAKE NOTE OF THIS.
Can you help me?
I just received a summons to court and read that I should request debt validation letter. It's already on my credit report that it's been charged off and I have 30 days to respond. How would I request debt validation if I've received a summons, is it too late? Also would you happen to know how to write an answer? I have a template but I'm not sure if it's right. If you can help that would be great!
Forget the dv right now... Your primary objective should be responding to the summons. If you don't by the date the court advises, YOU WILL BE found in DEFAULT.. Which means they can garnish your wages and/or put a lien on your home..
In this response, you need to deny having sufficient knowledge to form a educated opinion of the matter.....
When is your response due back at court....??
Let me dig up my old response and perhaps you can use that to assist you..It may take a day or two... cause its on my old puter...
Debt Validation does not come into question here. As Sun said you need to answer to the summons first and at the earliest. If you dont the case can go against you.
See the debt might have been charged off but that does not mean that the debt is not there. You have received the summons so you have to respond. How old is the debt and which state do you belong to?
I believe the debt is 5 years old and I checked the SOL in my state which is 6 years so I don't think that will help me. I have 20 days to respond. Is it too late to request a debt validation upon filing my answer? I read on a website to request one and it will delay the hearing because according to the credit laws it must be validated if requested. I don't believe I owe what they are saying I owe because they added all these fees. I just don't know what to do, I can't afford to have my wages garnished. My husband and I are low income and I'm unemployed but have an interview this week, I also have a baby on the way. I can't afford to hire an attorney right now either.. I just want this over with...
You will want to make sure that you respond to the summons, in the 20 day window or they will win by default. You simply have to admit or deny the statements in the summons.
Defendant live on 1243 hollow road, xxxxxx, xxxx. Admit
Defendant owes debt to the ABC company. Deny
One thing to keep in mind with this debt, you did not establish the original debt with them if they are a collector, you established the debt with the original creditor.
Once you have admitted or denied each of the allegations, you will need to make a copy and file it with the clerk office in which the summons was served and wait for a response. Don't let this intimidate you and don't let them win by default.
you should listen to everyone here they have been very successful working with these types of issues, goodluck with your situation.
wow, what a long post lunchtime, but a lot of good information there. I think if you just answer the summons in the allotted time frame and then show up for the courtdate you will be okay.
Never dodge a summon. That will let them pass a default judgment against you.
You have to answer it or they will win by default, the collection agencies are very aware of what the rules are so it is important as consumers that we know the rules too. There are wonderful websites out there that will give you information and you can come to forums such as this and find real people going through the situation in real time and follow their lead. I have posted some information on here that is very relavant to what I have went through dealing with creditors, they can only get a way with what we let them, so our first line of defense is to educate ourselves so that we can counter what they are saying or doing to us.
sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work. Also somewhere along the line don't they have to verify the debt before the court can award the CA money? Just wondered how this worked out.
sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work.
Well, a debtor certainly doesn't want to admit to the debt :)
There is nothing to say that a general denial of the allegations in a civil claim will "secure" a win...if the defendent/respondent is to fight the claim in a courtroom, the idea is to make the plaintiff/petitioner prove the existence and validity of the debt.
Also somewhere along the line don't they have to verify the debt before the court can award the CA money?
If the defendent/respondent does not show to a court hearing, then a default judgment may be entered; as for proving the validity of the debt, the defendent/respondent (or the attorney, thereof) is not present to challenge the documents that would be presented as evidence.
Thanks for clearing that up for me Morningstar. This all can be confusing.
Love Morningstar...he makes things soo much easier to understand.
Great to see appreciations here for the right thing. Great going MOD.
thank you scott
thank you Goodnatured. lots of advice you have given me these past few months.
Morningstar has been around the forums for a long time, great on the debt forum too, really glad to see you moderating here, think it is awesome that they pick someone with the experience and dedication that you have.
I'm fairly new to the forums but can definately agree with ya.
Ya better!!!! LOL, just kidding
You seem pretty wise to alot of the things going on aroung here. I'm getting the hubby to hook up the printer that has been in the box since moving and getting to work on mu cease and desist this weekend.
Good the sooner you get it out the better, keep us updated on your progress.
I will but I still have bets that they will sell it and I'll be doing the same thing a couple months from now.
I would just keep the letter in a word document on your computer then when another company buys it all you have to do is change the contact information on it, you are going to say about the same thing just to a different company.
There is some good info. It would save time in searching for the document, which I am sure I will need again (and again and again).
No since in inventing the wheel twice.
If you recieve a default judgement, do they mail you out information per the default. How does that work.
When they are ready to start collecting you will know, they will state that they have the default judgement. They will then expect you to start paying up.
Isn't that all we do is pay. I can't keep up as it is.
It is getting harder and harder to keep up, especially with the price of gas and then when you do get a little break, something unexpected comes up. We will be getting the economic stimulus, I have to put it into pipe and digging in my yard, having a drainage problem and don't want it to get bigger, so I have to get a backhoe in, a dump full of shale and of course there will be labor included, so there goes my stimulus package. gone, gone, gone.
Just to be clear...If I have an old collection account that I want to get deleted from my profile I should first send the debt validation letter? or the deletion settlement letter? Sorry to be redundant but I really just want if off my credit report so if I can get it off by sending a settlement offer/deletion demand I would like to just do that??? Any clarifying advice?
DV letter is to determine if the CA can legally collect the debt; it may trigger the removal of credit report entry if the account is disputed and the CA cannot properly report.
PFD letter is used when you know that the debt is legit, that the CA is collecting legitimately, and when you can follow through with your settlement proposal.
Thanks for posting this information Morningstar, hopefully the poster will come back and use it.
Yes goodnatured..hopefully they will. There are so many con-companies out there. I would hate to see anyone fall into that trap.
Ok, I answered the summons and have a court date. What should I expect and what will my response be? Will they have the same burden proof as if I asked for in a debt validation letter? I still have 2 1/2 months before the court date, so should I request validation from the lawyers.
I think that you should ask for debt validation from the lawyers. After getting the reply, if you agree that you really owe the debt, then you should negotiate your repayment with the creditor's attorney. You can negotiate for a lumpsum payment as many collectors waive a percentage of the original loan, interest and other fees. You can also avoid court summons through this.
They should validate, once they do then you can work out the payment plan that mary is talking about.
They should validate, once they do then you can work out the payment plan that mary is talking about.
I agree with Mary on this point. I think 2 1/2 months is sufficient to negotiate a payment plan with the creditor's attorney to avoid future court summons.
Sometimes these places leave you hanging on forever. Hopefully she can work out a deal.
If they are not getting back to you then I would attempt one more time to do a certified letter with return reciept requested so that if they do take you to court that you can have some type of evidence that you have been trying to work out something with these people otherwise you may just look like a deadbeat and you do not want to give the people deciding your fate to think that of you.
I also agree with goodnatured. Make all communications with the CA in writing so that you can have some evidence in the court that you tried to have some repayment deal with the CA to pay back your debt.
Since you have a 2 1/2 months left, I agree with George that you first send a DV letter and then come to an agreement for a repayment plan with your CA since you have the time to do so. Also try to make your CA agree for a PFD agreement. But get everything in writing.
I have a similar issue. My account was charged off, since May of 2006. And my account was bought and sold several collection agency. However, within that time my balance never changed. The last collection has fowarded to their attnorey, and the balance increased. They saying is the interest charged from the time account was charged off but i have copies from other collection agencies that my balance never changed. And i send them a vaidation letter. And they failed to respond. Where,should i go from here.
You did not say when you have sent your debt validation letter and whether you have sent your DV letter under certified mail. You need to wait for 30 days from the day the CA receive the letter. If they fail to respond after 30 days, send a dispute letter to the Credit reporting agencies telling that you do not agree to the debt.
I had the same thing happen to me. It was sold so many times but the balance after the first couple collectors started really adding on the interest. Make sure you follow through with the dispute letter as mentioned by carol.
DV letter is the most powerful instrument to deal with the collection agencies, as once you send a DV letter, the CA cannot harass you until and unless they validate your debt. If they cannot validate your debt you can sent a dispute letter to the CRAs asking them to remove the listing from your credit report. If however they validate your debt, negotiate the debt with them and sent them a PFD agreement letter. If they accept, pay back the agreed amount of the debt and get the negative element deleted from your report.
great post Mary, you explain the process very clearly.
Requested validation at court hearing. They did not have documents to validate the debt and the case was dismissed with prejudice.