Debt validation (or "debt verification") is a consumer's legal right to get information from a debt collector about a debt that's being collected. If a debt collector contacts you about a debt, the federal Fair Debt Collection Practices Act (FDCPA) gives you the right to request verification of the debt.
Under the FDCPA, a collector must provide you with information about the debt in its initial communication or within five days after the initial communication, including:
Under recent amendments to the FDCPA, the debt validation notification must also contain information that helps you identify the debt being collected, details about available protections, information to help you exercise their rights under the FDCPA (including a tear-off dispute form with pre-written prompts for disputing a debt), and specific disclosures required under certain laws. (12 C.F.R. § 1006.34 (2024).)
While collectors usually send this information in a letter (a debt validation letter), c ollectors may provide these disclosures orally in an initial communication. ( 12 C.F.R. § 1006.34(a) (2024).)
Some instances when you might want to request validation of a particular debt include:
Even if you have no reason to contest the validity of the debt, the FDCPA still allows you to request verification. So, even if the debt is legitimately yours and is owed, you still have the right to request verification.
A debt collector can't make you prove or demonstrate the invalidity of the debt, or make you provide reasons why you want verification of the debt.
Unless your state law provides otherwise, the FDCPA only requires debt collectors, not original creditors, to verify debts in certain circumstances. This requirement includes law firms that are routinely engaged in collecting debts. In other words, you have the right to request verification of your debt from companies or law firms collecting debts on behalf of creditors or for debts that have been purchased from original creditors.
And a collector's duty to verify a debt only kicks in if you send a specific, written request for verification.
Again, you have the right to request verification of your debt within 30 days. This period is sometimes called the "verification period." Note that you have 30 days to request verification from your receipt of the notice—not 30 days from the date of the letter.
Additionally, the verification period runs from the first contact. For example, if a collector sends you a letter on January 1 and another one on January 20, your right to verify will still expire 30 days from your receipt of the January 1 letter.
You must make your verification request to the collector in writing (also sometimes called a "debt validation letter"). No specific legal language is required.
You can find a sample debt validation letter on the Consumer Financial Protection Bureau (CFPB) website. (Click on the "I need more information about this debt" letter on the CFPB website.)
Send the letter to the collector's mailing address that is listed on the validation notice. Keep a copy of the letter for your records and send the letter by some method you can track, like certified mail, return receipt requested.
Be Careful If You Think the Statute of Limitations Is About to Expire or Has Expired
If you think the statute of limitations is about to expire or has expired, be cautious when sending a letter asking the collector to verify the debt. You don't want to inadvertently acknowledge the debt in your communications, which could restart the limitations period.
Within the validation period, but before you actually request verification, collectors may continue with collection actions. But during this time, collectors may not conduct any collection activity that overshadows or is inconsistent with your right to dispute the debt or request the name and address of the original creditor.
Once you request validation, assuming you did so within the verification period, the debt collector can take no action at all to collect until it provides you with verification of the debt.
The law doesn't say exactly what information the debt collector must provide after you request verification of the debt. Sometimes, a collector will provide meaningful information, such as a loan or credit agreement, or a loan history, in response to a verification request, but not always.
A collector may, but doesn't have to, send the information you specifically request in your validation letter. If you have a particular reason why you want the debt validated—say you disagree with certain charges or you don't remember incurring the debt—you may ask for specific information in your letter, and the collector might provide this information.
If the 30-day verification period has passed, you can still send a request for validation, and collectors will sometimes comply. But they aren't obligated to do so, nor are they obligated to cease collection activities while sending you verification.
In rare cases, collectors will disappear after your request for verification if they're unable to provide verifying information. Or, sometimes, the information provided in response to a verification request can be helpful in defending a debt collection lawsuit.
So, it's always a good idea to request verification within the verification period, and it can't hurt you to do it even after the verification period has expired.
If you think a debt collector violated the FDCPA when trying to collect a debt from you or in the debt validation process, consider talking to a lawyer to get advice about your options.
You might be able to sue the collector in court to recover different types of damages, including monetary damages, attorneys' fees, and more. (15 U.S.C. § 1692k (2024).) Or you might have a defense or counterclaim if the collector sues you.