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If you have ever been contacted by a debt collector about a debt that you couldn't be sure really belonged to you or a debt you were not certain the collector had the right to collect from you, you should be fully aware of debt validation and your rights in the debt collection process. Debt collectors routinely purchase old debts from companies with a view to intimidating persons into making payments towards the amounts owed. If you have any doubts about recent calls or other communication that you have received please review the following process carefully. The debt collector sends communication- The debt collector will initiate contact with you to let you know of the outstanding debt and his intention to collect. This may be done via phone, letter or even email; basically any medium that they choose to use is allowable. The debt collector should send a validation notice- The debt collector is required to send you a notice in writing informing you of your right to question this debt within 30 days. The letter should include the amount owed and the name of the creditor and it should also expressly state that you are within your rights to request proof of this debt. This should be sent within 5 days of the first communication, but it can also be done at the same time. Sending the debt validation letter- It is your responsibility to send the debt validation letter to the collection agency within 30 days of the first communication. The letter should be a simple request of proof of the origination of the debt and their right to collect along with a statement of your intent to report the matter to the Federal Trade Commission if your request is not satisfied. It is extremely important that this letter is sent via certified mail as this will be the only proof that your letter was delivered. Even if you don't get a receipt notice you can track the location of your letter using the tracking number provided by the postal service. The debt collector's response- The debt collector is then obligated to come up with documents proving their original claims and they must also halt all collection proceedings while this is being done. This means that they are not allowed to file the debt on your credit report, or to make any attempts to continue to collect until the debt validation matter is closed.
Sal Orlando is a debt specialist with DebtFreeDestiny.Com, a provider of debt relief services that assists people who have large amounts of credit card debt.
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