The First Contact and Debt Validation

How to Start Your Battle with Debt Collectors and Collection Predators

Reagan Denson
Okay, if you found your way here, then you must be ready to fight back against the Predators (Debt Collectors) and need to know the first step. Well, let's get started so you can start to change your life today. Remember, the letters mentioned in this series can be found at www.creditinfocenter.com.

Alright, so you have received a letter stating the "this is an effort to collect a debt..." line and you want to know what to do about it. Well, first things first, save that letter. During this whole process, SAVE ALL CORRESPONDENCE BETWEEN YOU AND THEM. This can prove to be invaluable to you later on and you can never have to much information.

So, you've got the letter and somewhere in it, it's going to tell you what the debt is, who is after it, and that you have thirty (30) days to dispute it with them or they will consider the debt to be "valid". Now, let's discuss this word valid for just a second.

What's happening here is that these folks, by federal law, have to give you an opportunity to fight the "validity" of that debt. Now the federal laws says they have to give you 30 days so they say, after 30 days, they will consider it valid. Now, it's always best to request Validation of that debt by letter within that 30 days. Now, debt validation isn't as tricky as most people make it out to be, so I'm going to give you the points you need to worry about. What you're asking for with this debt validation process is simple. *Break for an analogy*

If you saw me standing on the side of the road with a Car for Sale sign and you were interested in it and I told you $500 dollars, and you gave it to me and I gave you the keys, did you legally buy that car? Now think about it, did you? Did you request a set of papers or the title, did you request a Bill of Sale? Did you get those things? How do you know I didn't just steal that car and it wasn't mine to sell? Well, that's why you're validating. You want to make sure these people have the legal right to collect your money, and if they do, what's going to happen with it and what's going to happen to your credit. *Back to the good stuff*

Now, you've gotten a letter, right? And you're going to request validation because you don't know who these people are, why they want your money and you want to make sure it's on the up and up, right? So, your next step, within 30 days if possible from the date YOU RECEIVED THE LETTER, NOT THE DATE ON LETTER, is to send them a letter requesting validation. Go here for that letter...www.creditinfocenter.com/forms/sampleletter9.shtml. Fill out the information in that letter and put it in an envelope. When you mail it, you want to mail it Certified Mail where they have to sign for it and you get a card back showing who signed for it. There are a few reasons for this. First, it lets them know you're educated as to how to defend yourself and that makes all the difference when dealing with these Predators. Second, when they sign for it, you will have proof that they got your letter because they signed for it and you'll have that sent to you. If they ever say they didn't get it, you have proof that they did. Third, the date on there from where they signed for it is the day you start counting. Now, let's talk about what happens after you mail it.
They only have 30 days to validate that debt in accordance with Federal Law. If they can't or don't respond at all, it MUST be removed or you can sue them in Federal Court, but we'll get to that later. Start counting 30 days from the time they sign for that card and hope that the 30 days go by before you receive anything else from them. Note the flow chart I've included. So, go mail those letters, and go to "Did they Validate your Debt or Not!"

Published by Reagan Denson

I'm just a normal guy like everyone else. My experience, and struggles, with credit & debt led me to want to work as an advocate for people who struggle with credit. I'm here to help people ach...  View profile

2 Comments

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  • Reagan9/15/2010

    Hey Jane, email me at Reagandenson@gmail.com for that answer. You can also check my other articles that will tell you how to handle that.

  • Jane9/15/2010

    creditors failure to provide proof of debit within 30 days. what letter do you send next?

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