I sent debt validation demand to debt buyer, they answered that debt was verified therefore they can continue collections. I don’t believe they can show any evidence that they own any debt. They placed derogatory credit reports in all 3 CRA’s.
Certainly they violate FDCPA but what can I do about it? If they were located in my state I would go to small court, but they are out of state.
The threshold for most debt collectors to meet their debt validation requirement is low enough to trip over. There are some exceptions that are state specific, and also can depend on whether you are dealing with a contingency debt collector, or a debt buyer (such as in California with their Fair Debt Buying Practices Act).
You may have requested debt validation and expected more than is legally required.
There are more protections coming at the federal level. But new debt collection rules that the CFPB has proposed are still a ways out.
You believe the debt buyer cannot show evidence that they own your debt. But they do not really have to show that to you like you may be thinking. If you are being sued, however, you can use the formal court process to get where I think you are trying to go. But even then, the way more recent debts are being sold with the media to back up a claim made in court, it may be easier for a debt buyer to prove their claims.
Why not just call your creditor and ask them who they sold your debt to and confirm the debt buyer is legitimate that way? That gets harder if the debt has been sold multiple times, but it would be a good start. Ask what the balance was when they sold the account and compare that with what the debt collector is asserting is owed.
Michael Bovee founded CRN, a unique company offering debt negotiation education and services, in 2004. Bovee has been contributing articles and free reader feedback on this site for several years.
Michael is a debt industry professional who has volunteered his time to help answer reader questions.
If you have a debt related question you’d like to ask our team, just use the online form.