Comments on: What Constitutes Debt Validation?

By: Jeanette

Jeanette — Sun, 11 Sep 2011 20:38:52 +0000

Question, I received a lot of account statements (none with my signature) from a debt collector after sending the DV letter. They sent me an Account Verification statment with some info as well; however, the amount they have as charged off and my current balance do no match the last statement from the OC. Have they validated the debt as there is no matching amounts, affidavit, or anything bearing my original signature?

By: sharon

sharon — Fri, 01 Apr 2011 21:09:27 +0000

Also consider that in a court case for collection the “collector” or “debt buyer” has no personal knowledge of any facts supporting the documents submitted. Without someone to testify as to the accuracy of the documents submitted which is usually a credit card statement with your name on it, was maintained in the ordinary course of business, it is not likely to be deemed trustworthy.

By: sharon

sharon — Fri, 01 Apr 2011 20:59:57 +0000

I have been researching this issue: note that in PA the appellate Court issued a decision on Feb 2011. wich requires buyers of credit card accounts to obtain documents and other evidence better suited to validate a debt than just the collectors ‘say so’. Computerized records did not qualify for the business record heresay exception.
See Commonwealth Financial Systems v Smith in PA appellate Court. Also note that with credit cards, if you are proven to have used the card which would require your signature on a billing/ charge than you have obligated yourself to a debt contract.

By: Ivan Libya

Ivan Libya — Tue, 30 Nov 2010 20:36:19 +0000

@Richard, unfortunately, debt validation is not what you and I think should be, or what this article, makes it out to be. I’ve sent a collection agency a request for validation since the amount they claim is about 20k more than what I actually owe. They sent me back a computer print out from their office which just stated the original creditor, my name, my address and this inflated balance and 3 law firms now have said that, that is enough validation. So while we would actually want some paperwork, some contract, some signature, some statements, something showing how they came up with is amount, according to the law and law firms, that’s not what they have to provide.

By: Richard

Richard — Wed, 20 Oct 2010 14:48:54 +0000

If the The 9th Circuit of Appeals states “Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the original creditor is owed…” and the FDCPA (809.a.4) states “…the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector…” which is right?

By: tino2003

tino2003 — Wed, 30 Jun 2010 17:37:30 +0000

Yeah you must be collector prying on those how have job problems and unable to pay. These people at some time had excellent credit. Things happen. and you collector will be in the seat one day.

By: Kate

Kate — Tue, 25 May 2010 15:33:09 +0000

You must be a debt collector or are completely clueless when it comes to debt collection agencies.

By: Brian

Brian — Fri, 07 May 2010 00:56:31 +0000

“It is a violation of the Fair Debt Collection Practices Act and the collector now owes you money! Time to file a lawsuit. (Most collectors don’t know this, and most collectors will violate this statue)”

Wow. Is this really the advice you give out. So many people slam collection agencies and here you are trying to find minor missteps in order to get out of paying a debt that you owe. How about this? Be responsible for yourself and pay your debts. Then you won’t have to deal with debt collectors.

By: Bob

Bob — Mon, 09 Nov 2009 20:28:28 +0000

They’re lying, and trying to hide behind HIPAA. Write them back (registered mail with return receipt) and inform them that they have failed to validate, and they must cease and desist any and all collection activities.

By: daemondust

daemondust — Sat, 10 Oct 2009 15:07:35 +0000

Great article. I’ve always wondered what would qualify as validation.

By: emma

emma — Fri, 09 Oct 2009 13:01:56 +0000

I’m really curious about the medical debt validation. I’ve gotten a debt collection letter with a dollar figure and the name “Emergency Associates” as the original creditor. Since I had no idea what that meant or who that was (and as I’ve always had good health insurance, so no medical charges beyond copays) I asked for validation. In return they sent me a letter saying HIPPA regulations don’t allow them to access medical information and so they cannot send me anything other than Emergency Associates and the amount owed. Further letters written to them asking for any details such as state, creditor phone number, any way of identifying such a generic sounding creditor – have only returned the same form letter in reply about HIPPA. Weird. It’s not on my credit report, so I’ve just let it go for now.

But I’m curious about medical debt validation since googling tells me they really can’t release much info for medical debts.

By: zapeta

zapeta — Thu, 08 Oct 2009 17:18:22 +0000

Once again, tons of great material!

I’m excited to see part 4!