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To Validate or Not to Validate a Debt that is the Question

Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt.” See, Chaudhry v. Gallerizzo, 174 F.3d 394 (1999).

I just don’t see anything in the Fair Debt Collection Practices Act where it states that the collection agency is supposed to give you copies of the signed contract, assignment, credit card statements and tons of more proof. Did you?

So when you read other things on the internet saying that the collection agency is supposed to give you a copy of the signed contract you had with the original creditor or a copy of the assignment, credit card statements etc., is this wrong? Should you believe this and hurry up and copy their Debt Validation Letter (you know the one that is all over the internet) and send it off thinking that they are supposed to provide you with all of this? Within the Debt Validation Letter you are sending, are you requesting documents that they don’t even have to provide according to the Fair Debt Collection Practices Act therefore making it seem to the attorney that you have no clue what you are doing?

What if you send that off and they send you the name of the original creditor and the amount? What if that’s good enough? Then they sue you and basically say “thanks for letting us know you live there. Now we can serve you a Summons”.

From what I’ve read in the Fair Debt Collection Practices Act, I see that the agency only needs to provide the original creditors name address and the amount. I don’t see 500 documents that they need to produce like everyone claims on different websites.

Sending a Debt Validation Letter to a collection agency is a stall tactic on your end. All collections must cease until they have sent you proper validation. So what if they send you the name of the original creditor, their address, the amount, and then send you a Summons?

I know for a fact that almost all websites tell you that the first thing you are supposed to do when you receive a collection letter from a collection agency is to write back to them and request that they validate the debt. This is used to have them prove certain things about the debt they are trying to collect.

However, according to the Fair Debt Collection Practices Act, you have the right to request proper validation from the collection agency that has sent you the collection notice. Per the Fair Debt Collection Practices Act, the collection agency is supposed to validate your debt by providing you with information pertaining to the debt.

Now, the problem that I had was I didn’t know about Debt Validation and seeing I couldn’t pay any of my debts, I just threw the letters in the garbage. I received tons of phone calls afterwards but I never received another letter. The debt was just sold off to another junk debt buyer.

Over the past year, I finally learned that you should send off a Debt Validation Letter to the Collection Agency. So, thinking I had the upper hand here, that is what I did.

The first time I did this, I received a Summons that I was being sued within two weeks. A year later I did it again, and sure enough, I received another Summons to say that I was being sued. Now, back then when I ignored the collection letters and never asked for proper validation I was never sued. It’s almost like they send you these letters hoping you send them something back to verify your address so that they can get a lawsuit rolling.

I am not saying that you shouldn’t send off a Debt Validation Letter. I’m no expert here but if I ever receive another collection notice I am not going to request proper validation. I feel that it just lets them know where I live so that they can sue me. It’s almost a game to them.

And how come we have to send everything by certified mail with signature? Well, that’s for proof that you sent them a Debt Validation Letter. But what’s funny is that they don’t have to send anything by certified mail so why can’t we just say we never even received a letter? They wouldn’t have any proof that they sent one! They most certainly don’t make you sign for those letters and they just come like any other piece of mail.

US consumers have to send things certified and yet these collection agencies just use a stamp. They have no proof to back up that they sent a letter to us to begin with. That’s how I felt when I threw all their letters away.

And according to the Fair Debt Collection Practices Act you are supposed to receive a written notice within five days after them contacting you about the debt via postal mail. 99% of these agencies don’t send those letters out. All they do is continue to call your house every hour. They do not abide by anything.

When I ignored their letters, they left me alone. But once I responded, they sued me within weeks.

Asking for validation is a great tool and sometimes these agencies will send you proper validation while some will just ignore your request and leave you alone. However, others will turn your Debt Validation Letter into a Summons and a lawsuit and that, according to what I’ve read, is not legal. But then again, I’ve also read that they can sue you within the 30 day Validation Period but they still have to validate. So I am all confused here.

So I ask this question, and please submit your comments: should you or should you not ask for a Debt Validation Letter when you receive a collection notice?