Demand Debt Validation

The very first time a debt collector contacts you in an attempt to collect a debt, you should demand in writing that the debt collector validate the debt.  You have 30 days after the first contact to do this, and the debt collector has to stop all efforts to collect the debt until it validates the debt.

Why should you do this?  First, there are times when a debt collector simply can't validate the debt.  If it can't, then it cannot sue you in court to collect the debt.  Second, if it can't, you won't hear from the debt collector again.  If you do, then contact a consumer law attorney because the debt collector has violated the Fair Debt Collection Practices Act (FDCPA).

Many times a debt collector will make a written offer to settle a debt, but the offer will expire before 30 days.  We have successfully sued several collectors for this practice because it makes it appear that the consumer would have to either take the offer or demand validation.  This is an attempt by the debt collector to skirt the validation process, and it should be a tip that the debt collector likely can't validate the debt.  If you get a settlement demand in a first contact get in touch with a consumer law attorney because this is also a violation of the FDCPA.

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