What if debt collectors fail to provide you with proof of the debt?

How to not pay an inaccurate bill to a debt collector?

Debt collectors are not always required to provide you with proof of a debt, but they may be under certain circumstances. The Fair Debt Collection Practices Act (FDCPA) provides that within five days after a debt collector's first communication with you, the collector must send you written notice which among other things, includes the following statements: (1) that unless the you, within thirty days after receipt of the notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; and (2) that if you notify the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by the debt collector.

If you then notify the debt collector in writing within 30 days after you receive the notice that the debt, or any portion thereof, is disputed, the debt collector must stop collection of the debt until it obtains verification of the debt or a copy of a judgment against you and mails that information to you. The best way for you to provide written notice to the debt collector is by certified mail, return receipt requested, or by some other method that allows you to confirm they have received it. Until verification of the debt is provided to you, the collector cannot call you, send you a letter or take any further steps at all to collect the debt. If the debt collector is a lawyer, that also means they cannot file a lawsuit against you until verification of the debt has been provided.

What exactly amounts to "verification" is the subject of some debate. In the end, it can depend upon what state you live in. Some courts require debt collectors to provide more information to consumers who request verification of a debt than other courts do. However, if you are being sued for collection of a debt, the amount of proof the collection lawyer must provide to a court is much greater than what would constitute "verification" under the FDCPA.

If you believe the amount of the debt being demanded from you is not accurate, you should call the creditor immediately and request a statement showing how it arrived at the amount it is requesting. You should also demand that the account be removed from collection status. In addition, notify the debt collector in writing that you are disputing the debt as set forth above and be specific in your reasons as to why you think the amount is incorrect. Interest and late charges can often accrue quickly on unpaid debts, especially credit card accounts. If you have not paid on your account for several months or longer, the amount due can rapidly increase.

If a debt collector has violated any of the verification provisions of the FDCPA in collecting a debt from you, then you could be entitled to up to $1000 in damages, plus payment of your attorneys fees and litigation costs. For a free review of your situation, call to speak with one of our experienced fair debt collection attorneys now.