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What Is a Debt Validation Letter and What Should It Include?
A debt validation letter is a notice debt collectors must send to help you determine that a debt actually belongs to you.
Sean Pyles, CFP®, is host of NerdWallet's "Smart Money" podcast. In his role as host of Smart Money, Sean helps consumers navigate challenging financial topics so they can get what they want from their money and their life. Sean's written work has appeared in USA Today, The New York Times and elsewhere. When he's not podcasting about personal finance, Sean can be found tending to his garden and taking his dog for walks around beautiful Portland, Oregon. Email: <a href="mailto:[email protected]">[email protected]</a>.
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Before you pay a dime to a debt collector, confirm that the debt belongs to you. Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to whom, 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.
Here’s what to look for in your debt validation letter and what to do if you need a debt verification letter.
What is a debt validation letter?
A debt validation letter is a notice from a debt collector that contains information about the debt they’re trying to collect. Collectors are required by the Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice within five days of the first contact.
Debt validation letters are important because errors in debt collection are common. You don’t want to pay a sum you don’t owe or accidentally revive an old debt that might be past the statute of limitations, which is the length of time a creditor is allowed to sue you for a debt payment. And you don’t want to fall victim to debt collection scams.
What information must a debt validation letter include?
The FDCPA requires validation notices to mention specific details.
A debt validation letter should include:
A statement that the notice is coming from a debt collector.
Your name and mailing address.
The amount of debt owed.
The name of the creditor seeking payment.
A statement that the debt is assumed valid by the collector unless you dispute it within 30 days of the first contact.
A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt.
You can find more details about what a debt validation notice must include on the Consumer Financial Protection Bureau website. If you don’t receive a validation notice within five days of the first contact, request one from the debt collector the next time you’re contacted
The validation letter might leave you with more questions than answers. In that case — or if you never received a validation notice — you can request a verification letter proving this debt is in fact yours.
Verification letters are best used in two circumstances:
If you’re facing an aggressive debt collector: Requesting a debt verification letter can pause collection efforts and may deter debt collectors who don't have sufficient information.
If you intend to pay the debt: To resolve the account, you might want more information to verify you’re paying the right collector for the right debt.
If the debt is nearing its statute of limitations, you may be better off ignoring debt collection notices than drawing more attention to yourself with a verification letter.
Why the collector thinks you owe the debt: Ask who the original creditor is, and request documentation that verifies you owe the debt, such as a copy of the original contract.
The amount and age of the debt: Ask for a copy of the last billing statement sent by the original creditor, the amount owed when the collector purchased the debt, the date of last payment and whether the debt is past the statute of limitations.
Authority to collect the debt: Ask whether this agency is licensed to collect debt in your state.
You may want to send this letter by certified mail and a request return receipt so you can document the correspondence between you and the debt collector.
Although you can ask for many details, debt collectors are only required to provide information on the original creditor, the balance owed and the name of the person who owes the debt before resuming collection efforts.
Getting that information, however, can help you determine if you actually owe this debt, if it’s past the statute of limitations, or if there’s an error such as overstatement of the amount owed.
What happens after you send a debt verification request?
If you send the letter within 30 days of the first contact, the debt collector must stop trying to collect payment until it verifies that the debt is yours. You can still send a verification letter after the 30-day mark, but the debt will be assumed valid and the collector can continue to seek payment while it responds to your letter.
It’s a violation of the FDCPA for a debt collector to refuse to send a validation notice or fail to respond to your verification letter. If you encounter such behavior, you can file a complaint with the CFPB, the Federal Trade Commission or your state's attorney general.
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