According to the Fair Debt Collection Practices Act (FDCPA), all consumers have the right to request a validation of a debt. A debt collector who is in compliance with the FDCPA must send a consumer a written notice within 5 days of their first communication with them. The notice must tell the consumer, among other things, about their right to request validation of the debt.
Below are some things to keep in mind about the validation process:
- You must request validation in writing and you must request it within 30 days of your receipt of the required notice. According to the FDCPA, a debt collector does not have to honor a request for validation unless it is in writing and unless they receive it within 30 days of your receipt of the notice. While
- Once you’ve properly requested validation, the debt collector must cease all collection attempts until they provide it to you. There is a myth that a debt collector must validate a debt within 30 days and if they do not the debt is forgiven. However, the truth is, there is no time limit to how long the debt collector has to validate your debt. They are just not allowed to call, write, sue you, or take any other action against you until they validate the debt.
- There aren’t any clear requirements about what type of documents are sufficient validation. The According to the FTC, the validation only needs to confirm that the debt collector is pursuing the right person and the right amount.
If you are being harassed by debt collectors, you may be entitled to compensation. Please call Consumer Protection Attorney, Todd M. Friedman for a free consultation.