It happens all the time. Collectors try to collect debts that consumers are unaware or have not ever had in the first place. So what do you do when receiving requests for payment in full on a debt you never knew existed? It is necessary to request validation of the debt.
Debt validation is a test application that the collection agency is in contact with you own the debt or has been granted the right to charge > Of the debt on behalf of an original creditor. The validation of the debt also includes a complete history of payment, the original lender and a copy of the signed loan agreement or the application of the original credit card. This may be a debt we really need or, possibly, a debt that was sent to collections by mistake. However, debt collectors can be very inaccessible. It is important to remember that you also have rights. According to the Fair> Debt Collection Practices Act, paragraph 809, - Validation of Debts:
"(A) Within five days after the initial communication with a consumer regarding the collection of all debts, a debt collector, except for the following information is contained in the initial communication or the consumer has paid debt, send the consumer a written notice containing:
(1) the amount of the debt;
(2) the name ofcreditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notification, object to the validity of the debt, or part thereof, the debt will be considered valid by the debt collector ;
(4) a statement that, if the consumer notifies the debt collector within thirty days, the debt, or part thereof, is disputed, the debt collectorobtain verification of the debt or a copy of a decision against the consumer and a copy of such verification or decision will be sent to consumers by the tax collector and
(5) a statement that, upon written request by a consumer within thirty days, the debt collector will provide the consumer with the name and address of the original creditor, if different from current creditor.
(B) If the consumer notifies the debt collectorwriting within thirty days mentioned in subsection (a) that the debt, or part thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or any part of their dispute, until you get verification of the debt collector debt or any copy of a sentence, or the name and address of the original creditor and a copy of such verification orview, or the name and address of the original creditor, is sent to the consumer for the debt collector.
(C) The lack of a consumer to challenge the validity of a debt under this Article shall not be interpreted by a court as an admission of liability by the consumer.
The information presented in this article only covers some of the most important aspects of debt validation. It is important to do your research and fully understand their rights and dutiesbefore any communication with a debt collector.
No comments:
Post a Comment