I have seen a number of Co. advertising their using method of "Debt Validation" to help me get out of debt 100% or money back. True or False?
Chapter 13 Bankruptcy Attorney
As usual, a little bit of knowledge is a dangerous thing. Debt validation, by itself, is not the cure to debt. Debt validation is a subsection of a much larger statute known as the Fair Debt Collection Practices Act. Debt validation, or rather verification as it is referred to under the statute merely states that if "a consumer notifies 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 the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector;" and, "upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
During this period, collection activity must cease. Note that I said "collection activity." I did not say that the debt will cease. All the collector need do is to verify the debt with some minimal checking. The collector does not need to prove the debt beyond a reasonable doubt, produce ever original document, or get sworn affidavits from ever obligee, transferee, note holder, his grandmother and her uncle. Debt verification can be merely checking to see if the debt is reasonably known to be the obligation of the obligor (you).
Do not believe what you hear from non-lawyers trying to cash in on what amounts to just slightly more knowledge than you may have at the moment. There are many ways to scam; there are few ways to honestly cancel debt without payment, and I can say that "debt validation" is no magic bullet.
Speak to your local consumer attorney. They know honest ways to get clients out of debt or beat debt collectors at their own game without resorting to legal magic tricks. Good luck and stay skeptical.
6 lawyers agree
False. You can challenge the validity of a debt but it never results in an automatic cancellation of the debt. This area of law is much more complex than it appears on the surface and as always if it sounds too good to be true it probably is. You should consult with a local consumer protection or bankruptcy attorney to determine what options are available.
Not always. Usually NO. Debt validation is a fairness issue that can be raised under the fair debt collection practices act to verify the legitimacy of a debt and temporarily stop enforcement or collection. It is not generally a way to discharge debt. Be sure to schedule an appointment with local bankruptcy as soon as possible. Good Luck!
Chapter 7 Bankruptcy Attorney
Not really. Debt validation is basically a stall tactic. A creditor can continue to collect by filing suit and debt validation simply requires creditors to provide you with information. Hope this perspective helps!
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4 lawyers agree
False. Creditors are supposed to verify that it is your debt upon request. Many junk debt buyers don't. Regardless of whether they do or not, it does not mean that you don't owe the debt or that you cannot be sued on it.
Without looking at the letter, it seems that if some company is promising to get you out of debt by doing this, then they are a scam.
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2 lawyers agree