When debt collectors contact you, you have the right to demand they prove you actually owe the debt. Debt validation under the Fair Debt Collection Practices Act (FDCPA) requires collectors to provide verification before continuing collection efforts. Understanding this right helps you challenge questionable debts and protect yourself from paying what you don't owe.
What Is Debt Validation?
Debt validation is the process of requesting collectors prove the debt they're trying to collect is legitimate and that you're responsible for it. Collectors must stop collection activities until they provide proper validation.
Validation protects consumers from paying debts that are incorrect, not theirs, already paid, time-barred, or fabricated.
Initial Communication Notice
Within five days of first contacting you, debt collectors must send a written notice containing the amount of the debt, the name of the creditor, a statement that you can dispute the debt within 30 days, and a statement that validation will be provided if you dispute.
This initial notice triggers your validation rights. Pay attention to these communications even if you're not sure about the debt.
How to Request Validation
Request validation in writing within 30 days of receiving the initial notice. Your request should state that you dispute the debt and request validation. You don't need to explain why you dispute it or prove anything.
Send your request by certified mail with return receipt requested. This creates proof of your dispute and the date the collector received it.
What Collectors Must Provide
The FDCPA requires collectors to provide verification of the debt. While the law doesn't specify exactly what this includes, adequate validation typically includes the amount owed with itemization, the original creditor's name, documentation linking you to the debt, and account numbers and dates.
Sending only a computer-generated summary may not satisfy validation requirements. Courts increasingly require meaningful documentation.
What Happens After Your Request
Once you send a validation request, the collector must cease collection activities until validation is provided. They cannot call, send letters, report to credit bureaus, or sue you until they validate.
If they continue collection without validating, they violate the FDCPA and you may have a lawsuit against them.
Reviewing the Validation
When you receive validation documents, review them carefully. Verify the amount is correct, the debt is actually yours, and the original creditor is identified. Check whether the debt might be past the statute of limitations.
If validation is inadequate or raises more questions, you can request additional documentation or dispute specific issues.
After the 30-Day Window
If you don't dispute within 30 days, the debt is presumed valid for collection purposes. This doesn't mean you can't dispute later—you can still raise defenses and challenge the debt. But the collector isn't required to stop collection activities.
Always request validation within the 30-day window when possible.
Time-Barred Debts
Debts have a statute of limitations for lawsuits—after that period, collectors can't sue to collect. Validation may reveal a debt is time-barred. Collectors can still try to collect time-barred debts (in most states), but they cannot sue you.
Be careful about acknowledging old debts or making payments—this can restart the statute of limitations in some states.
FDCPA Violations
Collectors who violate validation requirements can be sued for statutory damages up to $1,000, actual damages you suffered, and attorney's fees. Common violations include continuing collection during the validation period, failing to send the initial notice, and suing without proper validation.
Medical Debt Special Rules
New rules provide additional protections for medical debt, including longer validation requirements and restrictions on credit reporting. Medical debt validation has become more consumer-friendly.
Getting Legal Help
Consumer attorneys handle FDCPA cases, often on contingency. If collectors violate your validation rights, an attorney can pursue your claims. Even consultation can help you understand whether validation you received is adequate.