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Index Page –› Finance & Investment –› Loans & Advances
 

What is Debt Validation?

 

If you have been surfing around looking for credit repair information, you undoubtedly have run across the term debt validation.

Debt validation is nothing more than making a collection agency prove they have a valid debt and the right to collect it.

Forcing validation of a debt by a collection agency is a very powerful credit repair weapon against them. The main reason is that they can almost never furnish it.

When can you ask for validation? You can ask them for it at any time and they must provide it or stop collections until they do.

Here's the catch. The law has written into a 30-day clause. It says that you have 30 days from the date of first contact to dispute the validity of the debt.

Well, most collection agencies don't send you a letter to start with unless the account is really recent. Instead, they just put it on the credit report they think it goes on and wait for you to find them!

Then they try to say they sent you a letter a long time earlier. One court case says that it can be assumed that you got mail if they say they sent it.

If you have a collection account on your credit report, whether they have ever notified you or not, you should immediately take control of the situation. Here's how.

Write the collection agency a letter that plainly states the following:

1) You have no knowledge of the account

2) You have never received any communication from the about the account

Number one tells the collection agency that they must validate the account by getting the original documentation, or proof, from the original creditor and forward it to you.

In 90% of the cases, you will never get a reply. That is why it is so important that you send your letters to these types of businesses by certified mail.

You can prove the mailman delivered it to them. After that, it's up to them to handle it properly.

Number two sets the date of first contact with you about the account. Regardless of how many letters they may want to claim they sent, they have officially and in writing been notified that you have never "received" their letters.

In effect, you have determined the date of first contact rather than allowing them to do so. And they will give you instant leverage by failing to follow up with the notification of your rights within five days.

Use debt validation with every collection agency, but most importantly use your power to establish the date of first contact. Unless they dispute your statement (which I have never heard of happening) it will hold up as stipulated fact in court.

Author: Darell Mckissick
 
Author Bio:
Darell Mckissick is a popular columnist. Darell likes to pen down articles about this area.
 
 
 

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