Does a debt collector have to provide proof of debt?
Your Right to a Validation of the Debt
Any time a collector attempts to collect a debt, you have the right to ask them to send proof of that debt, the amount they claim you owe, and their legal ability to collect the debt from you.
You can request that a collection agency verify the amount and validity of a debt. But you must act quickly. One of the most powerful tools you have under the federal Fair Debt Collection Practices Act (FDCPA) is requiring a debt collector to verify the amount and validity of the debt it's trying to collect.
What Happens If the Collector Doesn't Verify the Debt? If a debt collector fails to verify the debt but continues to go after you for payment, you can sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
In order to win a court case, a debt collector must prove that they have proper ownership of the debt, that you actually owe the debt, and that the amount they claim you owe is correct.
Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to who, as well as when you need to pay the debt. If you're still uncertain about the debt you're being asked to pay, you can request a debt verification letter to get more information.
This means that the plaintiff has to come up with evidence to prove to the court that (1) the plaintiff has the right to sue you; (2) the debt is yours; and (3) you owe the exact amount of money that the plaintiff claims you owe. You do not have to prove that you do not owe the money.
Legally, a debt collector has to send you a debt verification letter within five days of their first contact with you. And if not, you should ask for one. Why? Because it helps you determine if the debt is actually yours and if there's anything fishy going on behind the scenes.
- Check Your Credit Report. ...
- Make Sure the Debt Is Valid. ...
- Know the Statute of Limitations. ...
- Consider Negotiating. ...
- Try to Make the Payments You Owe. ...
- Send a Cease and Desist Letter.
Until the debt is either paid or forgiven, you still owe the money. This is true even if it's a credit card debt that is sold to a collection agency and even if you think it's unfair.
How do you prove you don't owe a debt?
Collect any documentation or evidence that supports your claim. This can include bank statements, payment records, contracts, or any other relevant documents that prove you are not responsible for the debt. Make sure to keep copies of all communication with the debt collector as well.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
They gave you the money, and you should pay. The same is true even if the debt is sold and belongs to someone else. However, you have every right to dispute the debt if details are lost during the transition from the original creditor to the debt collection agency.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
After seven years, unpaid credit card debt falls off your credit report. The debt doesn't vanish completely, but it'll no longer impact your credit score. MoneyLion offers a service to help you find personal loan offers based on the info you provide, you can get matched with offers for up to $50,000 from top providers.
Collection agencies can access your bank account, but only after a court judgment. A judgment, which typically follows a lawsuit, may permit a bank account or wage garnishment, meaning the collector can take money directly out of your account or from your wages to pay off your debt.
It is a formal statement that outlines the amount of money owed to the creditor and provides supporting documentation such as invoices, contracts, or other relevant paperwork. The POD is typically filed with the bankruptcy court and reviewed by the trustee overseeing the case.
Importantly, people can sue debt collectors who break the law by lying or providing wrong information. The Consumer Financial Protection Bureau is the administrator and a primary enforcer of the Fair Debt Collection Practices Act. We are committed to making sure that debt collectors follow the law.
For example, if a collector is unable to make satisfactory arrangements with a consumer after a few months, the individual debt may be bundled with many others and sold to another collection agency. That process can be repeated many times over, even beyond the applicable statute of limitations for the consumer's debt.
What if a debt collector won't send me a letter?
The FDCPA prohibits debt collectors from making false statements about the character, amount, or legal status of your debt. What if the debt collector never sent me written notice of the debt? You can still assert your dispute and verification rights. The 30 day time limit will not apply.
- Assemble documentation about the debt.
- Review the debt collection notice from mistakes.
- Dispute the debt by sending a Debt Validation Letter.
- Wait for a response from the debt collection agency.
Debt Validation Letter Example
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
- Use of threat, violence or other criminal means to harm a person, reputation or property.
- Use of obscene or profane language.
- False representation that the debt collector represents a state or federal government.
Lack of current information on debtors. Difficulty identifying and contacting debtors. Difficulty in accessing the most valuable information. Takes too long to locate debtors when sorting through all the data.
