Saturday, June 24, 2017

Why You Should Demand Validation From Debt Collectors

The majority of questions and requests for assistance are about debt collectors and 3rd party collections. These companies want your money but they did nothing to earn it or deserve it.  They are not owed anything and you really need to fight back to avoid paying them what they are not owed and to increase your chances of not being sued by them.

Many credit repair companies and many consumers as well dispute these items directly with the credit bureaus to get them removed. Sometimes you can have pretty good results for your credit reports by just disputing with the credit reporting agencies (CRA's) but most of the time, and especially if you are using an online tool to dispute, your results are not going to be great and sometimes not permanent.

But here is what I view as the problem with just disputing with CRA's. You're only disputing the accuracy for the most part.  Many people tell me they just dispute them as "No Contract" and most of the time I hear that the results come back as verified.  Even if the item is removed, it only means that the company just didn't respond in time or preferred to just let it be removed from the credit reports. Because you really don't demand validation through the CRA's, you haven't blocked their collection efforts.

Just because something isn't furnished to your credit reports doesn't mean they can't attempt to collect from you.  In order to block their collection efforts, the FDCPA says you must demand validation in writing. Once you have demanded validation, they must cease all collection activity until they validate. A demand for validation is the tool or weapon you need to use to get them to back off.

Now, many times these thugs make claims that they have checked their records, or that they have verified or that they have fulfilled validation requirements and they just continue on with their collection activity.  However, a well constructed validation demand letter will protect you in court if it lands there. When I say well constructed, I'm not talking about the nonsense you find online.

Eeesh!  I hate those ones where people say "This is not a refusal to pay..." and then goes on with a bunch of regurgitated stuff that makes up a validation form letter.  Do you think I would ever tell a company that isn't owed a dime and I know it that I'm not refusing to pay?  Oh, heck no!  My letter tells them I REFUSE TO PAY YOUR BS ACCUSATION unless you can prove me wrong!  Then I tell them the documents they need to produce to prove me wrong.

If you don't tell them what they need to produce, they can just skirt by and make whatever claims they want. Many times they will come back with a lame response such as "...there is no basis in law to send you the documents you're requesting...", I'm paraphrasing.  Well, I don't see that often, though I do occasionally.  But what I put in my validation demand letters is a legal citation for each item I'm requesting from them. So when I respond to that nonsense, I call them out and point them to review each case law cited, each federal act cited, each law, state or federal cited, and so on.

A competent and forceful validation letter is critical, folks.  This is power if they sue you or you decide to sue them. I've stated in other posts that validation is the Proof they need to come forward with and verification is the Sworn Testimony that MUST accompany it. They must have both. Without 1 or the other or any of what is demanded, they have hearsay but they don't have validation. Hearsay is inadmissible in a court of law and the courts have said it is incompetent.

So, you either need to learn what to demand and the laws, case law, or whatever appropriate legal ammunition that relates to each item requested to back up your demand, or hire someone who knows how to craft an effective validation letter.  If you don't demand validation, they can continue coming after you. They can continue to furnish on your credit reports. They can initiate a lawsuit against you. 

Demanding validation properly and always responding to their claims and rejecting their false claims is key. One more important thing about validation.  A demand for validation is rarely done with 1 letter. What I mean by that is, it is rare to send one letter and then they respond with a  letter telling you they're closing their file and removing the lie from your reports. These collection companies are getting very bold in their lawlessness, very stubborn, and they require a fight.

You must always respond. If they claim they've already addressed it and further similar communication will be trashed (well not exactly but that's what they sort of mean), you still need to respond.  YOU must be the last one to respond to anything other than "We're closing the file and removing our BS from your credit reports."  

You have a right to demand full validation. Know your rights. Exercise your rights. Fight back and don't back down. Basic bureau disputes don't completely protect you. You need to dispute with the CRA's but you Need to Demand Validation.  If you want someone who knows this game, knows the laws to use to back up the demands, will fight for you, contact me.  It's what I'm good at.  It's what I'm passionate about. I want to see you win this fight! 

You can reach me at or 951-801-2828
I'd love to fight for and with you. 

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