If you have fallen behind on your bills and debt collectors are starting to call, it is critical that you know your rights, including your ability to demand debt verification from the creditor. Debt verification is extremely important because it is possible that the collector has made an error or failed to acquire the necessary paperwork to collect the debt from you.
Holding Creditors Accountable
Requiring creditors to verify the debt is beneficial because it holds the collector accountable. There are certain requirements for verifying a debt under federal law. The process can also confirm that the debt collector follows ethical business practices in its collection efforts against you. It is the only way a consumer can verify that the collector is the owner of the debt and the appropriate party for you to pay. You should note, however, if you fail to request verification of the debt with the first letter sent, the collection activity can continue.
Fair Debt Collection Practices Act
Pursuant to the Fair Debt Collection Practices Act, a collector is required to respond to your request for debt validation. In fact, the creditor is prohibited from taking any further collection activity against you until the required information has been provided to you. If the collector continues its efforts against you without providing debt validation, you may be able to recover compensation from the collector!
Harassment From Debt Collectors
If debt collectors are starting to harass you, it is imperative that you request debt validation. If a collector fails to provide this information to you, let us help you. We can determine whether you should file a lawsuit and seek monetary damages against the collector.
It is important to understand that even if you are pretty certain you owe the debt to the plaintiff, there are still numerous valid defenses that might be available to you. Whatever you do, don’t ignore the collector’s efforts, especially if a lawsuit is filed. If you are interested in learning more about how we can help you fight a debt collection, contact one of our seasoned bankruptcy attorneys to schedule your appointment.
The information on this blog or any blog is not intended as, and should not be taken as, legal advice.