Question by ninpohead: What constitues validation of debt under the FDCPA?
Answer by Sgt Big Red
Under the FDCPA (15 USC 1692) validation should include the following:
Amount of debt
who the debt is owed to
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 and 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 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
There is also the following which is from a case heard before the United States Court of Appeals.
Proof that they own the debt legally or have been legally authorized to collect it from you.
A complete payment history documented from your original creditor. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
A copy of the original loan contract that you signed with your creditor.
Now when it comes to “VERIFICATION” then all that is needed to prove the debt is the debt collector is required to send a written statement to the debtor with the name and address of the original creditor and the amount of the debt owed. The verification does not require the collector to provide original documents to the debtor. This is often what the credit reporting agencies get from the creditors to “validate” a debt and keep it on your credit report.
Hope this helps answer your question
NOTE: This communication is not intended as and should not be interpreted as legal advice but is intended solely as a general discussion of legal principles. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to constitute legal advice to any person reviewing such information..
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