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What's a "validation notice"?

Submitted by partyxx69 on Mon, 07/30/2012 - 13:35
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It's been twice now that I have received one page "validation notice" in the mail with general wording about having 30 days to verify the debt, etc. Is this supposed to be in lieu of the regular documents that I'm supposed to receive when I ask to have an account validated? How am I supposed to respond when I do receive this vague document? I also thought that verifying accounts was only done with original creditors.


There is no specific definition of "validation" in the FDCPA. However, the burden of proof is on the collector if it goes to court and, without a signed contract, they have no real way to prove the debt is owed.

Here are some things to consider:

It's going to be very difficult, if not impossible for a collector to win a judgment unless they can prove in court (with documentation) the following:

1. That the collection company owns the debt/or has been assigned the debt.

2. Copy of the original signed loan agreement or credit card application or, at a minimum, some account statements from the original creditor.

If you really want to go for the throat, you can also start asking for proof of the balance requested such as: how was the balance calculated; what fees and interest were added to the balance and how did you calculate those fees, etc.?

See Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.


Submitted by OhioGal1 on Tue, 07/31/2012 - 13:28

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