YOUR RIGHT TO VALIDATION OF DEBTS

If you have been contacted by a debt collector then you should know that you have a right to dispute the validity of the debt. The burden of proof is on the debt collector not you. Before you even consider paying the debt, read the statute below. It protects your rights.

Fair Debt Collections Practices Act: United States code:Title 15 chap. 41: Sec. 1609-1692g.

(a) Notice of debt
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the
debt, send the consumer a written notice containing -

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days

After receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion 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 debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

So what does all this mean?

Well, If a debt collector were to have taken me to court for a debt that had not yet been validated as mine, I would simply appeal to the judge that the debt was never proven and.... since the statute clearly states that I have not admitted anything by not replying to a notice of the debt, then I would put the burden of proof on the debt collector right there in front of the judge. I would highlight the statute section of the FDCPA that gives me a right to have the debt proven prior to paying it.

I highly doubt on most of these sold off debts that the debt collector could even produce adequate documents to prove the debt. Most show up armed with a computer print out which is not adequate.

The point here is not whether I owe it, but rather how much do I owe, is the statute to collect up, is the credit report reflecting inaccurate information because of the collection agency and are the figures correct for fees, penalties and principal.

Just as debt collectors have many ways to attempt collection, you too have many ways to protect your credit and your rights. It's highly likely as well that at some point the collector may have violated your rights by attempting to collect an invalid debt or violated other areas of the FDCPA.

A simple but affective way to stop the collector

So you're wondering how does all this apply to me in the real world. How do I actually fight back and what steps do I take? This letter from the FTC gives you all the ammunition you need. A debt collector (someone other than the original creditor- lawyers too!) must be able to prove the debt if requested.