How Debt Solutions Work:

Validation of Debts or "Debt Validation"

When debt collectors or collection agencies are contacting you, you have the legal right, covered in the Fair Debt Collection Practices Act (FDCPA), to have the debt "validated". This specific right to validation only applies to collection agencies or law firms and attorneys acting as debt collectors, not to the original creditor. You can utilize this for your protection, since collection agencies tend to maintain less reliable records than the original creditors.

• By law, a collection agency or debt collector must provide proof that the debt is legally yours and that they have the right to collect it from you. When you initiate a validation request, the collection agency must stop all collection activity until they can provide you with this proof. If the agency cannot properly validate the debt, they must end their efforts to collect on it, and they must stop reporting the trade line to the credit bureaus.
• In order to properly validate an account, the collection agency must provide documentation obtained from the original creditor proving that you are legally responsible for the debt. Collection agencies often don’t possess the required documentation, and often the debt has been sold several times through additional agencies.

Below is a sample debt validation letter that also includes a cease and desist paragraph to notify collectors to communicate only in writing and not via telephone. This can assist in limiting or stopping collection calls.

********* Sample Debt Validation Letter **********

YOUR ADDRESS 6188 Blue Rapids Court Las Vegas, NV 89139 CREDITOR’S ADDRESS Po Box 3427 Bloomington, IL 61702-3427 TODAY’S DATE Re: Acct # XXXX-XXX-XXXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on DATE). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: • What the money you say I owe is for; • Explain and show me how you calculated what you say I owe; • Provide me with copies of any papers that show I agreed to pay what you say I owe; • Provide a verification or copy of any judgment, if applicable; • Identify the original creditor; • Prove the Statute of Limitations has not expired on this account • Show me that you are licensed to collect in my state • Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: • Violation of the Fair Credit Reporting Act • Violation of the Fair Debt Collection Practices Act • Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken, which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by postal mail. It would be advisable that you ensure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Sincerely, YOUR NAME *********************************************

If you would like a free consultation and debt analysis with a professional debt advisor to go over your options and help you find the best solution, simply complete the quick form on the right side of this page.