Nobody should have to pay a debt they do not owe, and nobody should shy away from their responsibilities as well. Some laws protect the interests and rights of both the debtors and the debt collectors, and it all begins with writing a debt validation letter.
A debt collector has to send a consumer a debt validation letter as required by the law. However, you should ensure to confirm that the debt is truly yours, to begin with.
Whether you entirely do not remember the debt or the amount you borrowed seemed to have been doubled in the letter, you can also send a debt verification to either dispute the debt, or for clarification.
Always remember that there are state laws to protect the rights of both the debt collection agency and the consumer. To understand this whole system let’s first understand this all-powerful document – debt validation letter.
Table of contents
- What Is a Debt Validation Letter?
- What Is A Debt Verification Letter?
- How Do I Send a Debt Validation Letter?
- How Can I Download Free Debt Validation Letter Templates And Samples?
- Will the Debt Validation Fix My Credit?
- Are There Are Some Debts Which Are Too Old for Collection?
- Writer’s Recommendations
What Is a Debt Validation Letter?
A debt collector sends the debt validation letter to a consumer to verify a debt by providing evidence of the claim. The Fair Debt Collection Practices Act gives consumers the right to know how the debt was incurred. It also protects them from paying debts they may not owe.
The letter, however, must be sent at least 5 days after making contact with the consumer. The debt collectors will send you a debt validation letter bearing some information about a debt you owe. But, if the letter doesn’t convince you, you can send a debt verification letter, asking for more information.
You should read this article if you want to get out of debt; 15 Best Ways To Get Out Of Debt | How To Be Debt Free
What Is A Debt Verification Letter?
A debt validation letter usually contains a lot less information leaving with more questions than answers. To get those answers, you would need to get your debt verification letter in order.
Remember, you’re telling the debt collector you won’t be paying the debt until you get proof of the debt. If you, unfortunately, meet the forceful debt collectors, use this verification letter to understand more. And, be certain about the debt before you make any payments.
Most times, the scams amongst them employ these tactics to rid unsuspecting individuals of their dollars. Requesting a debt validation letter will put a halt on any other efforts to get the supposed debt. This would be the case until they can provide enough proof.
However, the debt verification is time-sensitive. You have to send it within 30 days after contact with the debt collector. If it takes you more than 30 days to send the letter, your verification request may be invalid and not covered under the debt collection law.
Read also: How To Fill Out A Money Order Step By Step
How Do I Send a Debt Validation Letter?
The debt collector will draft and send the debt validation letter to the consumer stating the amount of money owed as well as other vital information. The following single steps can send the validation letter:
#Step 1. Write the Debt Validation Letter
The essence of writing and sending this letter is to get the creditor to provide their name and address.
It should also include how the debtors accrued the debt and why they have to pay it. The debt validation has to contain certain information to prove legitimacy.
What Are The Contents Of A Debt Validation Letter?
Under the Fair Debt Collection Practices Act, debt collectors are required to send the consumer a debt validation notice within the first five days after contact. This debt validation letter should include:
- The amount the consumer supposedly owes;
- The name of the creditor or agency requesting payment;
Statements affirming that:
- The debt collector will assume that the debt is valid if the consumer does not dispute it within 30 days of the first contact;
- If the consumer demands more information or disputes the debt, the debt collector will send a mail to verify the debt;
The debt collector will provide more information about the original creditor if the consumer demands it within 30 days.
If the consumer does not receive the validation letter up to 10 days after the first contact, they can ask for it when they establish contact again. Also, they can ask for the debt collector’s mailing address just in case they may want to send a verification letter.
You can choose to either write the validation letter yourself or seek the services of a lawyer for this purpose. However, if you choose to do it yourself, you can get samples to show you what they look like and templates to give you a bedrock on which your debt validation letter can be developed.
How Can I Download Free Debt Validation Letter Templates And Samples?
To download free debt validation letter templates and samples, visit:
#Step 2. Add a Cease-and-Desist Addendum (optional)
A consumer can let a creditor or a collection agency know that they do not want to contacted or called by any means at all. That is to say, that though they are aware and acknowledge the debt, they still do not wish to be reached else the creditors may face legal consequences.
This is possible under the § 805(c) law.
#Step 3. Sign the Documents
The United States Postal Service has to send the letter with a return receipt for it to be legally served. When the creditors get the validation letter, they sign the receipt and send it back to the debtor.
#Step 4. Send and Wait 30 Days
Under the federal law 15 U.S. Code § 1692g(b) act, the creditor would have 30 days to carry out their investigation and relate the proof to the debtor. However, it is no longer valid if the creditor cannot prove the debt to the debtor in those 30 days.
Will the Debt Validation Fix My Credit?
Disputing a debt does not automatically remove the disputed debt from your credit report. To fix a debt you want to refuse, you can make a request in your debt verification letter asking them to remove the disputed debts from your credit report.
This can only happen if the finance agency affirms that you are not responsible for the debt. However, there’s no denying the fact that this would take a lot of time. The debt collector or collection agency would have to thoroughly carry out their research to absolve you of any debt.
If there are any debts on your credit reports that you are not responsible for, you should clear them with the credit bureaus and have them expunged from your report. You can either do all these yourself or you can hire an expert credit repair professional.
All of these is possible for debts that have absolutely been verified as not yours. If there are debts that have been proven as yours or still been debated over, they will not be removed.
Are There Are Some Debts Which Are Too Old for Collection?
Most types of debts are legally subject to a statute of limitations. So, when a certain amount of time legally stated is attached to debt, that’s when the debt collector should start seeking the debt.
As soon as this statute of limitations has expired, it’s considered invalid and the debt collection agency can no longer seek to the recovery of the debt. Though they would know this, they may still try to collect the debt from ignorant consumers.
So, when writing a verification letter about a certain debt, ensure you get the age of the debt. It may not have seemed like a big deal, but it can very well invalidate a debt, relieving you of a debt you don’t have to pay.
Most importantly, never any circumstances whatsoever admit to owing a debt or make any reference to making payment. This is because if the debt is now invalid since it has passed the statute of limitation, making a promise to pay could reopen the debt.
The debt collector or collection agency should send a debt validation letter within 5 days after the first contact with the consumer.
The consumer should go through the validation letter to they are legit or not. If they intend to pay, they can request more information to ensure they pay to the right collection agency.
However, if they intend to dispute the debt, or just seek more defined information, the consumer can write a verification letter to make the intentions known.
Either way, nobody should have to pay a debt they do not owe!