OBTAINING VALIDATION OF A DEBT

Disclosure Requirements

A debt collector is obliged to provide consumers with various notices and information about a debt when it begins its collection activities. These obligations include:

1. The initial written communication and subsequent communication must give the consumer notice that the communication is from a debt collector who is attempting to collect a debt;
    
2. Provide written notice that states the amount of the debt and then name of the credit to whom the debt is owed;
    
3. Provide the consumer with notice that he or she may dispute the validity of the debt within 30 days of the initial communication about the debt from the debt collector.

Consumer's Right To Obtain Validation Of A Debt

If you believe that you are not responsible for a debt, do not recognize the creditor stated on the notice, or that the amount the debt collector claims that you owe is in error, you should exercise your right to obtain validation of the debt from the debt collector.  You can do this by writing to the debt collector that you are disputing the debt within 30 days of receiving the initial notice from the debt collector.  Once you do this, the debt collector is obliged to obtain verification of the debt from the creditor. The debt collector is then obliged to provide you with a copy of the documents that prove you owe the debt, how much you owe, and who you owe the debt to.  The debt collector is required to cease collection activities against you until it provides you with proper validation.

A variety of problematic behaviors by a debt collector can arise when a consumer exercises his or her right to obtain validation of the debt including:

• The debt collector fails to provide adequate validation documents;
   
• The debt collector continues to engage in collection activities without providing validation documents;
   
• The debt collector sends subsequent communications that make it confusing or "overshadow" the consumer's right to obtain validation.

Do You Need Help?

If a debt collector fails to make the appropriate disclosures to you about the debt or is refusing to comply with its obligations to obtain validation of the debt, Gorski Law may be able to help. Gorski Law can help to stop the debt collector's harassing conduct and obtain compensation for any harm you have experienced as result of the these prohibited acts. Initial consultations are always free. Call 215-330-2100 or email the firm to schedule a consultation now.