Thursday, July 28, 2011

Debt Validation: Do you accept payment?

It happens all the time. Debt collectors try to collect debts that consumers have no knowledge or did not occur in the first place. So what to do when a collector requires full payment of a debt you did not know existed? You must obtain a validation of debt.

Debt Validation is a request for proof that the collection agency is in contact with you own / debt or has won the right to charge Debt> on behalf of an original creditor. The validation of the debt also includes a complete payment history, the original creditor, and a signed copy of the original contract or credit card application for credit. This may be a debt we really need or perhaps a debt that has been sent to collections by mistake. In both cases, collectors can be very inaccessible. It is important to remember that you also have rights. According to the FairDebt> Collection Practices Act, paragraph 809, - Validation of debts:

"(A) Within five days of the initial communication with a consumer in connection with the collection of a debt, a debt collector, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer written notice containing:

(1) the amount of debt;

(2) the namecreditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days of 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 informs the consumer if the debt collector in writing 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 opinion will be sent to the consumer the debt collector, and

(5) a statement that, upon written request by the consumer within thirty days, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the debt collector to inform the consumerwriting within thirty days referred to in subsection (a) the debt or any 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 disputed portion thereof, until the collector obtains verification of the debt or any copy of a statement or the name and address of the original creditor and a copy of such verification ortrial, or the name and address of the original creditor, the debt collector sends to consumers.
(C) The lack of a consumer to question the validity of a debt under this section may be construed by the court as an admission of liability by the consumer.

The information presented in this article only covers some of the most important validation of the debt. It is important to do your research and fully understand the rights and obligationsbefore making any contact with a debt collector.

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