How to Dispute a Debt with a Collections Agency
If you are contacted by a debt collector informing you about a debt, you have the right to dispute the debt. Whether it is a case of the debt not being yours, or if it is yours, perhaps you dispute the account, you have the right to dispute the debt. If you are told by a debt collector that you are unable to dispute the debt, contact the Consumer Advocacy Center. You have the right to dispute a debt at any point in time.
The first means of communication from a debt collector should be a letter in which they state who they are, what agency they are from, what debt they are collecting and how much debt is owed. That first letter also needs to inform you that if you do not dispute the debt within 30 days of the receipt of the letter, they can assume that the debt is valid. However, this does not mean that you are unable to dispute the debt after the 30 days. You are always able to dispute the debt even if they have assumed it is valid.
The letter also needs to inform you that if you contact the debt collector with a written communication within 30 days disputing any portion of the debt, the debt collection will need to get verification of the debt or a copy of the judgment if there is one and mail it to you. You have to the right to demand validation of the debt by the debt collector within the first 30 days to prove that there is actually a debt that you owe. If you are able to dispute the debt in a timely manner, the debt collector has to stop collecting the debt until they have given you the validation. If they do not validate the debt, it is a direct violation of the Fair Debt Collection Practices Act.
The letter will also need to let you know that if you provide them with a written request within that first 30 days, they will provide you with the name and address of the original creditor if it is different than the current creditor.
If you are looking to dispute a debt, contact The Consumer Advocacy Center at 312-782-5808 and find out how we can help you.
