What is the 809 debt validation? (2024)

What is the 809 debt validation?

FDCPA section 809(a) requires that a debt collector send a written notice containing certain information about the debt and actions the consumer may take in response (the validation notice) to a consumer within five days of the initial communication, unless such validation information was provided in the initial ...

What is Section 809 validation of debt?

Section 809(a) provides, in pertinent part, that a debt collector must, within the first five days after the initial communication with the debtor, provide a written notice containing specific information including the amount of the debt, the debtor's right to dispute the validity of the debt in writing within 30 days, ...

Is debt validation a good idea?

That's why it's important to verify your debts with the proper documentation, such as a debt validation letter. Doing so can protect you from scammers, prevent debt collectors from pestering you and keep you from paying money you don't owe.

What is the 11 word phrase to stop debt collectors?

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What is the meaning of debt validation?

Debt validation, or "debt verification", refers to a consumer's right to challenge a debt and/or receive written verification of a debt from a debt collector.

What happens if you never received a debt validation letter?

If you don't receive your letter in a timely manner, you can also report the debt collection agency to the authorities. You may be helping others who are victims of unfair debt collection practices in the process because the government may fine the debt collector or build a criminal case against them.

What happens after debt validation?

Once you receive the debt validation information, you have 30 days to dispute the debt in writing. Failing to request verification in writing or within this time period can affect your ability to assert your rights under the debt collection rule.

What happens if a debt collector does not validate debt in 30 days?

What Happens If the Collector Doesn't Verify the Debt? If a debt collector fails to verify the debt but continues to go after you for payment, you can sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.

What happens if I pay the original creditor instead collection?

Generally, paying the original creditor rather than a debt collector is better. The creditor has more discretion and flexibility in negotiating payment terms with you. And because that company might see you as a former and possibly future customer, it might be more willing to offer you a deal.

Do I have to pay a debt if it has been sold?

Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.

What's the worst a debt collector can do?

The worst thing they can do

If you fail to pay it off, the collection agency could file a suit. If you were to fail to show up for your court date, the debt collector could get a summary judgment. If you make an appearance, the collector might still get a judgment.

What not to tell debt collectors?

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

Is debt validation legal?

Your Right to a Validation of the Debt

The debt collector must inform you of this right and you must make the request within 30 days of the first contact. After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed.

What is required for debt validation?

A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.

What does a debt collector need to provide as debt validation?

Section 1006.34(c)(2)(v) provides that validation information includes the name of the creditor to whom the debt currently is owed. A debt collector may disclose this creditor's trade or doing-business-as name, instead of its legal name. (vi) The itemization date. (vii) The amount of the debt on the itemization date.

How do you outsmart a debt collector?

What is a 609 letter?

A Section 609 dispute letter allows consumers to request verification of accounts on their credit reports. If the disputed information cannot be verified within 30 to 45 days, the credit bureaus must remove it from your credit history.

What is the difference between debt validation and debt verification?

In this article, “debt validation letter” means the initial notice a debt collector must send you under federal law, and “debt verification letter” means a letter you send to the debt collector to request more information and/or to dispute the debt.

What is the next step after debt validation letter?

Once you receive the validation information or notice from the debt collector during or after your initial communication with them, you have 30 days to dispute all or part of the debt, if you don't believe that you owe it. If you receive a validation notice, the end date of the 30-day period will be specified.

How long before a debt becomes uncollectible?

Why did I get a debt validation letter?

A debt validation letter is what a debt collector sends you to prove that you owe them money. This letter shows you the details of a specific debt, outlines what you owe, who you owe it to, and when they need you to pay.

How long does a debt collector have to validate a debt?

So, you'll notice the FDCPA says the consumer must request validation of the debt or dispute the debt within 30 days or she automatically admits validity of the debt, but the collector can take however long they want to validate the debt.

How do I dispute a debt validation letter?

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.