Legally validating a debt
Under the FDCPA, debt collectors (collection agencies or CAs) are required to send you a debt validation notice within 5 days of contacting you to collect a debt.The notice informs you that you have the right to validate/dispute the debt within 30 days of receiving the letter.
Before you file the lawsuit inform the CRAs that the CA is refusing to remove the collection listing.If the collector needs a license to collect debt in your state and they aren't licensed, send them a letter notifying they are violating your state's collection law.You should also inform them that if they continue to attempt collection, they may be facing a law suit and pay fines to your state.You can send in a validation letter to your CA after the 30-day period, but the collectors aren't legally obligated to reply or stop collection efforts.So, you shouldn't dispute debt after the validation period has expired.While you wait for a response, you should check to see if your state requires CAs to be licensed, and if so, whether the CA you are dealing with is licensed.
The states that do not require CA licensing are Georgia, California, Iowa, Kansas, Kentucky, Montana, Oklahoma, Pennsylvania, and South Carolina.
If you don't dispute the debt (or request validation of the debt) within the 30-day period, the collector has the legal right to assume that you agree the debt is valid.
When you try to validate a debt, the collection agency must provide you with certain details.
If they do not provide you with a copy of the original agreement, the CA may also provide you with the account statements from the original creditor.
Send a request letter to the CA asking them to validate your debt.
The FDCPA gives you the right to seek validation from a collection agency and not the original creditor.