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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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, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
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?
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.