What Is Considered Proper Validation?

What info does a creditor or collection agency have to provide in order to validate a debt?  Thanks.

John 

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Hello John,

I must ring the bell at this point – we have a winner!  In one sentence, you’ve asked the most complicated question of the week. 

First things first – the FDCPA does not apply to original creditors. 

According to the National Consumer Law Center’s “Fair Debt Collection” Fifth Edition: “The FDCPA does not define ‘verification’.  Verification requirements vary depending upon the reason for the dispute over the alleged debt.  For example, a consumer claiming mistaken identity as a debtor needs very different verification than a consumer claiming full or uncredited payments or no contract because of lack of acceptance, or delivery, or breach of warranty”.  The NCLC continues by noting: “The FTC staff has generally refused requests to provide a definitive position on what information is sufficient to verify a debt under 15 USC 1692g, given the variety of possible transactions and disputes”.

It’s basically up to the courts to decide whether or not proper validation has been provided.  If the debt is yours, then it’s yours – accept it and deal with it.  If, on the other hand, the debt does not belong to you, then there shouldn’t be anything that a collection agency could send to prove otherwise. 

Thanks for the questions. 

Paul

P.S. You’ve won free tickets to a credit repair seminar!

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.