Debt validation
From Wikipedia, the free encyclopedia
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. The right to dispute the debt and receive validation are part of the consumer's rights under the United States Federal Fair Debt Collection Practices Act (FDCPA) and are set out in §809[1] of that act.
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[edit] Who is considered a debt collector?
Under the Fair Debt Collection Practices Act, any person or entity, including lawyers, who regularly attempts to collect consumer debts is considered a debt collector[2] and is therefore required to respond to proper debt validation requests. In contrast, the original creditor and its employees are generally not subject to the FDCPA, though they may be regulated by other state and federal laws; including the Fair Credit Reporting Act, which was modified by the Fair and Accurate Credit Transactions Act in 2003.
[edit] When can a consumer dispute a debt or request validation?
A consumer can dispute a debt at any time, but only a written request sent within thirty days of the first written notice of the debt triggers validation rights under the FDCPA. The Act spells out specific language which must be included in the first written notice to the consumer, most notably that the consumer has 30 days to dispute the debt and request validation. However, failure by the consumer to dispute the debt during this thirty day period does not constitute a legal admission of the debt.[1]
[edit] What constitutes debt validation?
The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. In the leading case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt."[3] The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid.[3] In 2006, the Ninth Circuit Court of Appeals followed and adopted what they described as the "reasonable standard" articulated in Chaudhry.[4]
Consumer advocates have criticized the Chaudhry and Clark cases as setting too low a legal standard for validation and allowing debt collectors to justify providing little information in response to a dispute.[5] In addition, some courts (such as the Court of Appeals of Indiana[6]) have taken a stricter stance on debt validation than the Chuadhry Court, though the precedential value of such cases is uncertain.
Thus, what exactly constitutes proper validation of a debt is not a settled issue and is likely to depend on the specific nature of the dispute. At a minimum, the debt collector is required to confirm with the creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.
[edit] What if the debt collector does not respond?
There is no deadline for the debt collector to provide a response to the request for validation. However, a debt collector must cease all attempts to collect the debt until they have sent a sufficient response.[1]
If a consumer makes a timely request for debt validation and a debt collector fails to provide proper validation or does not respond at all, the debt collector may not legally continue to pursue the debt. If collection activity continues, the consumer may file a law suit in state or federal court for violation of the FDCPA (see Fair Debt Collection Practices Act for discussion of FDCPA law suits).[7]
Any dispute of the debt must also be reported by the creditor on the consumer's credit report pursuant to the Fair Credit Reporting Act (FCRA).
[edit] References
- ^ a b c
- ^
- ^ a b Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
- ^ Clark v. Capital Credit & Collection Servs., 460 F.3d 1162 (9th Cir. 2006).
- ^ Ninth and Fourth Circuit Decisions May Diminish Consumer Debt Dispute Rights. NCLC Reports. National Consumer Law Center (November/December 2006). Retrieved on 2007-02-26.
- ^ Spears v. Brennan, 745 N.E.2d 862 (Ind.App. 2001).
- ^
[edit] See also
- FDCPA
- Fair Credit Reporting Act
- Adverse Credit History
- Credit card
- Credit rating agency
- Credit history
[edit] External links
- Fair Debt Collection Practices Act - United States Federal Trade Commission
- FTC's FDCPA Web Page
- Mymoney.gov, U.S. Financial Literacy and Education Commission
