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Validating debt

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The following page will explain how a debt validation program works and provide examples throughout the page of successful cases. For the last six years, debt validation has been a top choice for consumers when it comes to credit card debt relief programs offered by Golden Financial Services. A debt validation program can be less expensive than debt settlement and could result in derogatory information getting removed from credit reports.

Consumer protection laws require collection agencies to maintain complete and accurate records. Debt validation programs use these consumer protection laws to force collection agencies to prove that they are maintaining complete and accurate records. It does not matter if you live in New York , Pennsylvania , or California , debt validation can be your least expensive path to dealing with unsecured debt.

There are some state restrictions, but as of , at least 30 states will qualify for the debt validation program. Validating a debt means that the collection agency was able to prove the debt is valid and that they are legally attempting to collect on it. Unbelievably, collection agencies can rarely prove a debt is valid after it gets disputed with a debt validation program. Even debts that have a large balance can easily get invalidated.

A debt validation program offers qualified applicants an affordable monthly payment to deal with all of their unsecured debts. Whether it was initially a credit card or medical debt, almost all types of unsecured debt can get disputed and invalidated. Credit card debt is the most popular type of account that gets enrolled in a validation program but not all accounts qualify.

For example, a Discover credit card may not qualify. We recommend putting Discover credit cards into an attorney-based debt settlement program where legal protection is included. Debt settlement programs can allow you to pay less than the total amount owed on each of the accounts included in the plan.

Let an expert help you, personalizing a plan to help you resolve your financial problems, and achieve financial freedom. After a person falls behind on a credit card payment by approximately months, a collection agency will soon take over the account. Credit card companies show the delinquent credit card debt as a loss on their balance sheet at this point, allowing them to get reimbursed through tax credits and banking insurance. Collection agencies quickly agree to stop collection on debt in many cases, without providing a reason.

How is this possible? Is it more costly for a collection agency to invest sufficient time into proving a debt is valid? Could the collection agency have been involved in some fraud in the past? For that reason, debt validation programs work! Before paying on a collection account or agreeing to settle a credit card debt that may not even be valid, use debt validation to dispute it. Debt validation programs allow you to force the collection agencies to prove that they are legally authorized to collect on an account.

In doing so, Chase systematically failed to prepare, review, and execute truthful statements as required by law. Chase is also accused of collecting on so-called zombie debts — accounts that were either already settled or too old to collect on. Many debt collectors are using erroneous information to collect on debts, are acting as creditors when they are not, or are not in a position to legally collect the debt for lack of a state license, incomplete records, or other reasons.

We could show you example after example of how hundreds of debts have been invalidated over the last year alone. The following debts have become legally uncollectible. This Citibank credit card was sold to Midland Funding and then disputed on a validation program, resulting in it becoming legally uncollectible and getting removed from all three credit bureaus.

The debt was disputed, and the consumer was able to walk away from it without paying legally. Even though you may have been speeding, it does not mean that the police officer can prove the ticket to be valid. The time to collect on debt varies by the type of debt and where you live but generally ranges from years. That is until you tell them to stop contacting you. In some cases, a debt that was settled or even one that was paid in full gets sold to a different company.

Then the new collection agency starts calling to collect. Validation and information about the original creditor can help you see if you even need to deal with this new collector. Outside of the statute of limitations on collections, there is also a time limit to how long a delinquent debt can affect your credit.

Delinquent debt can only be reported for seven years from the date the account originally became delinquent. The date of first delinquency happens when you first missed a payment by 30 days. Most creditors will not charge off the account until you are days past due.

At that point, they may sell the account to a collection agency. In this case, if they sell the account immediately after charge-off, a collection account would appear in your credit report. But it could only remain for six and a half years.

Another reason that validation is important is to understand who legally owns the debt in question. In some cases, the collection agency may not legally own the debt. Instead, they are simply attempting to collect on behalf of the creditor.

If the creditor still owns the debt and you negotiate a settlement with the collection agency, then the creditor can still come after you for the remaining balance. Otherwise, you can end up paying twice. Once you receive a written notice of debt, compare the information it includes to your records. It can be a good idea to download a free copy of your credit report to see if the information in the notice matches the information in your report.

For example, if the creditor has sold the debt to the collector, the balance on the original account will be zero. The collection account may also appear on your credit report. If you do not believe that the debt is valid for any reason, then you should send a debt validation letter. The Consumer Financial Protection Bureau provides a thorough sample letter that you can use. We recommend using this template and adjusting it as needed based on your situation. While the FDCPA stipulates that a collection agency must provide a notice of debt within five days and that you must respond within thirty, it does not set a time limit on how long they have to respond to your validation request.

This means the agency may keep you on the hook, possibly indefinitely. You may never hear back from them. Until a collection agency provides validation, they cannot legally pursue any collection actions. If they do, you should dispute the collection account with the credit bureaus.

However, the collection agency may also come back several years later with the validation required. In this case, they can start collection actions, report the account to the bureaus, and take you to court. The CFPB has a sample letter for this, too, that you can use to make a legal dispute. Once a collector provides all the information requested to prove the debt is valid and they have a legal right to collect, you need to decide what to do.

The best option is often to settle if you have the means to do so, particularly if the collection agency owns the debt. They purchased your account for a small fraction of what you owed the original creditor. Some people assume that if you pay off a collection account it will get removed from your credit report. Not so. The account will typically remain for seven years from the date the original account became delinquent.

In some cases, you may decide to ignore it. If the debt is close to the statute of limitations, it may be worth trying to wait it out. Just be sure not to ignore a court summons if the collector takes you to court. The collector will receive a deficiency judgment and can take legal action, such as having your wages garnished. Let us know if you liked the post. Leave Us A Review What was wrong? Published by Debt. TrustScore 4. You should receive a call within the next few minutes so you can get connected.

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This way you can confirm your request was received. Stay on your toes with these money monsters. Keep copies of every single document, and track all communications, including phone calls, with debt collectors. Once you receive your debt validation letter, read through it closely and make sure there are no errors.

If the debt is yours, you need to pay it off. After all, this is where the rubber meets the road in Baby Step 2. Be as ruthless and as relentless toward paying off your debt as your debt collectors have been about chasing you. But if you get your debt validation letter, and something still seems off, you need to write a debt verification letter.

After a debt collector receives your debt verification request, they must stop communication with you until they have responded to your request. No phone calls, no letters and no reporting your debt to the credit bureaus.

Similar names, different goals. Use this free sample letter to write your own debt verification letter. You have within 30 days from receiving a debt validation letter to send a debt verification letter. This is important: You have just 30 days to respond to a debt validation letter.

That means the debt collector can continue to contact you. You can send a dispute after 30 days. But at that point, the debt is considered valid and a debt collector is still legally allowed to continue contacting you. They must also notify credit bureaus to have the debts removed from your credit report. Be sure to follow up and make sure this is done. Once the debt collector receives your validation request, they cannot contact you again until they've provided you with the proof you've asked for.

The best way to send your debt validation request is via certified mail with return receipt requested. This way, you have proof that the letter was mailed, the date you mailed it, and verification of when the debt collector received your letter.

If you have to file a lawsuit against the debt collector, the certified and return receipts will help strengthen your case. The certified mail receipt shows that you mailed the letter within the day time frame and that the collector received it. After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor. Verification that you owe the debt and the amount of the debt needs to include documentation from the original creditor you'll receive the proof from the debt collector, not the original creditor.

You can also specifically request the name and address of the creditor for your own follow-up. If the debt collector does not send sufficient proof of the debt, they are not allowed to continue pursuing you for the debt. That includes listing the debt on your credit report—you can dispute the debt that hasn't been adequately validated with the credit bureaus. Send the credit bureau a copy of your debt validation letter along with the certified and return receipts to help get the account removed from your credit report.

Always send copies of your proof and keep the originals for yourself. You can make additional copies if you need to dispute again in the future. If you receive sufficient validation of the debt, you have to decide what to do next. Confirm the debt is within the statute of limitations—that's the amount of time a creditor or collector can use the courts to collect a debt from you.

A debt that's outside the statute of limitations poses less of a threat to you since the collector can't win a judgment against you in court as long as you can prove the statute of limitations has passed. Check to see whether the debt is still within the credit reporting time limit, too. Most negative information—like a debt collection—can only be listed on your credit report seven years from the date of the delinquency.

If the date of your delinquency is more than seven years ago, the debt should not appear on your credit report and, in that case, it won't hurt your credit to continue not paying the debt. If the debt is old and scheduled to be removed from your credit report in less than two years, you may decide to simply let it fall off your credit report, especially if you're not planning to get a major loan in that time period.

What if the debt collection has been verified and is within the statute of limitations or the credit reporting time limit? You can try to settle with the collector for a percentage of the amount owed or offer a pay for delete agreement if the account is listed on your credit report. You'll have to be in a position to pay the account off quickly for this to work, however.

Paying in full is also an option—one you might choose if you plan to apply for a major loan before the debt drops off your credit report. Ignoring the debt can have negative consequences, including damage to your credit, continuous debt collection attempts, and possibly even a lawsuit. Federal Trade Commission. Consumer Financial Protection Bureau. What Should I Do? State of California Department of Justice. FTC Consumer Information. Budgeting Managing Your Debt.

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You have the right to force the. Know your rights when collection agencies call · Why You Should Request Validation Before You Pay · Debt Validation Is Time-Sensitive · Submitting a Validation. Before you pay a dime to a debt collector, confirm that the debt belongs to you. Debt collectors are legally required to send you a debt validation letter, which.