February may be the shortest month, but your consumer rights last all year. One of the most powerful is the right to demand proof that a debt is legitimate before you pay a single cent.
Section 809 of the Fair Debt Collection Practices Act (FDCPA) gives you 30 days after initial contact to send a written debt‑validation request. The collector must then stop efforts until it mails back competent evidence—usually a copy of the signed contract and a complete payment history.
A proper validation letter is short, polite, and unequivocal. It should cite § 1692g(b), dispute the debt in its entirety, and request the name and address of the original creditor. Send it certified mail, keep a copy, and track the green card.
What happens next? If the collector cannot obtain documents, it must close the file or risk liability for continued collection. Even if documentation arrives, you gain valuable information to evaluate defenses such as the three‑year statute of limitations or mistaken identity.
Many consumers mistakenly admit the debt in their letters, restarting the limitations clock or creating fresh evidence. Avoid phrases like “I owe” or offering partial payment. Stick to the facts: you dispute the debt and request validation.
When Georgiou Law drafts these letters, we layer additional demands: accounting for all interest, charges and fees; proof of licensing; chain‑of‑title for purchased accounts; and evidence of notice required by Regulation F.
Collectors who ignore a proper request expose themselves to statutory damages up to $1,000 plus attorney’s fees. We use that leverage to negotiate walk‑away dismissals and deletions from credit reports.
Legal Disclaimer: This article provides general information, not legal advice. Individual circumstances differ, and reading this blog does not create an attorney‑client relationship.
⏰ Collectors are counting the days—so should you. Send a bullet‑proof validation letter now.
Call Georgiou Law at (917) 764‑3072 for a free consult before your 30‑day window closes.
