A debt validation letter is a document — typically from a collections company — that shares the recorded details of an outstanding debt. This letter contains the amount you owe, the name of the original creditor, the date by which you’re required to pay the collections company, and the instructions for how to dispute it. It should also advise you that, if you plan to dispute the debt, the dispute must be filed within 30 days.
Obtaining a debt validation letter is an important step toward disputing a fraudulent debt or repaying a legitimate one. Read on to learn more about how a debt validation letter works and what to do if you receive one.
Defining a Debt Validation Letter
If a debt collector contacts you by phone, you should ask them to contact you in writing instead. That way, you will have an easy-to-reference document in hand, and you may be able to protect yourself from too frequent debt collection calls as well as from scammers.
Once you make your request, the collections agency is required to send you a debt validation letter, which lists the following information:
• Debt collections agency’s information
• Original creditor’s information (for example, a credit card company)
• Account number associated with the debt
• Amount owed
• Information about how to file a dispute, including a tear-off form to make taking the next step easier
Once you have a debt validation letter, you can take a closer look to ensure you recognize the original debt. Then you can make a plan to repay it if it’s legitimate — or begin the dispute process if you have any doubts.
Purpose and Legal Basis
No matter what type of debt they’re seeking repayment for, collections agencies are legally required to offer debt validation letters. These ensure they’re seeking remuneration for legitimate debts only.
There are laws governing how often a debt collections agency can contact you. According to the Debt Collection Rule, which is part of the Fair Debt Collection Practices Act, it’s a violation of the law for debt collectors to call you more than seven times within a seven-day period or within seven days after getting you on the phone about a specific debt.
However, these restrictions do not apply to text messages, emails, or even contact via social media. Fortunately, though, such messages are required to offer a simple opt-out option.
When to Request Debt Validation
If you receive a validation of debt letter and you’d like to file a dispute, you can send a letter requesting proof that you owe the debt in the first place. The collections agency must be able to provide this proof, which is called debt verification, in order to continue to pursue your payment or report the debt to credit bureaus. You can also use this moment to formally ask the creditor not to contact you in any way other than written letters.
However, again, it’s critical that you ask for debt verification in a timely manner — as soon as possible after receiving the original debt validation letter. Debts that are not disputed within 30 days are presumed to be valid by the collector, so be sure to take care of the matter as quickly as possible.
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Debt Validation Process
Once you request debt verification, the collector must provide proof that you owe the original debt. This may include documentation from the original creditor. Some key next steps to know:
• If the debt collections agency cannot provide this proof, they are legally required to stop pursuing your payment.
• If they continue to do so, or report an invalid, fraudulent debt to the credit bureaus, damaging your credit history and score, you can sue them.
Benefits of Debt Validation Letters
If funds you legitimately owe have gone to collections, paying the debt off as quickly as possible is usually the best policy. Having a debt in collections can be very bad for your credit score, and collections agencies may be able to charge additional interest or even take you to court.
If you do need to pay off the debt, you can explore your options, such as finding a budgeting method that suits your needs or taking out a personal loan.
However, if the debt is not legitimate or the collections agency can’t definitively prove you owe the debt, requesting validation and verification can help you successfully file a dispute. This can also help you avoid paying money you don’t owe (as well as ongoing negative impacts to your credit history).
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Drafting an Effective Debt Dispute Letter
A properly executed debt dispute letter should make it clear that you do not recognize the debt and believe it is not yours in the first place. You should also request documentation that proves you incurred the debt. The Consumer Financial Protection Bureau offers a letter template that you can use in this scenario, which makes the process as simple as personalizing the letter, printing it out, and sending it to the agency.
The Takeaway
A debt validation letter is a document that lists how much you owe, to whom you owe it, and who is trying to collect it. It also informs you about your right to dispute the debt. Once you receive a validation of debt letter, you can begin the dispute process by requesting debt verification. In addition, a debt validation letter can help you move forward if you are dealing with too frequent contact from a creditor or believe a scam may be involved.
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FAQ
Do I have to pay a debt if validation is not provided?
If a collections agency contacts you, you should request a debt validation letter — because the agency is required by law to produce validation and verification if they are to continue to pursue your repayment. Additionally, having a debt validation letter in hand is the first step toward filing a dispute if it turns out the debt is illegitimate.
What happens if the creditor doesn’t respond to the validation letter?
If a collections agency does not respond to your request for a debt validation letter, it may be a scam — as all legitimate collections agencies are legally required to validate debts. If the organization continues to harass you, you may want to seek legal counsel in order to ask them to cease and desist.
How long does a creditor have to respond to a debt validation request?
First things first: As the consumer receiving a debt validation letter or notice of collections attempts, you must request debt verification or dispute the debt within 30 days. While there’s not a specific set timeline in which a collector must respond to your debt validation request, if they can prove the debt, their motivation for repayment means you’ll probably hear from them sooner than later.
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