What is a debt validation in California? what consist a debt validation/

I hear that debt validation is intense proof that a collection agency has to do. in my case I dispute then when I receive a response from them they just send me a list of computerized paper with dates and money paid but I asked in my dispute more than that. If attorneys experts in debt collector or credit lawyers can tell me what the law say in California is a debt validation

Los Angeles, CA -

Attorney Answers (4)

Robert Harlan Stempler

Robert Harlan Stempler

Lawsuit / Dispute Attorney - Woodland Hills, CA
Answered

Unfortunately, there are court cases that have relaxed the rigor of a collection agency's response to a request for validation under the Fair Debt Collection Practices Act. Current case law states that the debt collection agency merely must send a letter to the consumer that they have validated the debt. This is almost nothing, compared with the more rigorous standard for responding to a dispute of an item on a consumer credit report, which is covered by the Fair Credit Reporting Act.

If you claim to be the victim of identity theft as to the particular debt, then the standards are much higher. See Section 1798.93 of the Cal. Civil Code.

Robert Stempler (please see DISCLAIMER below)
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NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
Douglas Charles Michie

Douglas Charles Michie

Wills and Living Wills Lawyer - Ventura, CA
Answered

Before they can proceed with a lawsuit, they must validate the debt. Generally, this means identify the original creditor, the date the debt was incurred, and the date of last payment. The date of last payment is critical as this can be the date that the statute of limitations began to run.

If the debt is old enough, they may not be able to file a collections lawsuit.

www.michielawfirm.com I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all,... more
Nicholas Joseph Bontrager

Nicholas Joseph Bontrager

Debt Collection Attorney - Los Angeles, CA
Answered

The Ninth Circuit Court of Appeals has determined "validation" is nothing more than a statement as to: 1) the identity of the original creditor; 2) the account information (i.e., account number); and 3) the alleged balance owed. As the other consumer advocates have stated, the bar is very low. However, as a consumer, you have the right to request validation within 30 days of receipt of the initial communication. However, it is still a very strong tool as if the collection agency (not original creditor) cannot validate the debt, they are no longer allowed to contact you to collect it under the FDCPA.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Bankruptcy Attorney - Albany, NY
Answered

The bar is low. They do not have to give you legally competent proof, just whatever their client gave them. There is no such thing as " bad validation." That being said, if you still have beef, make it known. What is it yu need to see before believing this is your debt, of the amount is correct?

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