Validating debt

If you have been contacted by a debt collector then you should know that you have a right to dispute the validity of the debt.

The burden of proof is on the debt collector not you.

The debtor replied by letter again, demanding substantiation of the beginning balance.

The law firm sent a third letter itemizing the debt without explaining the beginning balance and enclosing a copy of the lien that it later placed on the debtor’s condo.

The law firm responded by sending a second letter and ledger providing more details about the charges.

The debtor replied with a letter explaining that there was no support for the beginning balance or the subsequent fines and that the debt was still disputed as to those amounts.

Most people would be appalled at the thought of a total stranger calling out of the blue and demanding money. But this is what occurs when a junk debt buyer demands payment for debt and; unfortunately, many consumers pay without questioning the validity of the debt.

" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Haddad received an initial letter from the defendant law firm notifying him that he owed a delinquent condominium assessment bill. LEXIS 13498, the Sixth Circuit expanded the requirement for how a debt collector must respond to a debtor’s request for verification of a debt under the Fair Debt Collection Practices Act, 15 U. The Court confronted the meaning of “verification” under § 1692g(b), because that term is not defined in the FDCPA.Even an original contract does not necessarily mean a debt collector has a right to collect a debt.The Fair Debt Collection Practices Act does not have a hard and fast rule on what constitutes debt validation. In response, the law firm provided verification in the form of an accounting ledger showing the amounts comprising the total and a letter generally explaining the charges.

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