Debt validation letter: how to ask a collector to prove a debt

It is the letter, or electronic notice, a debt collector must give you about a debt. Under 12 CFR 1006.34 (eCFR, opens in a new tab), the collector must send it in its first contact or within five days after. It helps you tell whether the debt is yours and, if not, how to dispute it.

The CFPB says (CFPB, opens in a new tab) that if a collector does not or cannot give you this information, it could be a scam.

About 30 days. The rule ends (eCFR, opens in a new tab) the validation period 30 days after you receive the notice, and lets the collector assume you received it five business days after it was sent. The notice must print the end date it will use, so go by that date.

If you dispute the debt in writing on or before that date, the collector must stop collecting the disputed amount until it sends you verification or a copy of a judgment (12 CFR 1006.38 (eCFR, opens in a new tab)).

Missing the window does not mean you owe the debt: federal law says a failure to dispute is not an admission (Cornell LII, opens in a new tab) that you owe it. A late or spoken dispute, the CFPB notes (CFPB, opens in a new tab), can affect your ability to use these rights.

Even after 30 days, the CFPB says (CFPB, opens in a new tab) it is still a good idea to ask for what you need.

No. The validation notice comes from the collector. A debt validation letter, sometimes called a debt verification letter, is your written reply. It disputes the debt and asks for verification, and it can also ask for the name and address of the original creditor.

You do not need special words. The tear-off form on the notice already offers "This is not my debt," "The amount is wrong" and a request for the original creditor (12 CFR 1006.34 (eCFR, opens in a new tab)).

The CFPB publishes five sample letters (CFPB, opens in a new tab) for different situations, such as a debt that is not yours or a request to stop contact, and says plainly that they are not legal advice. The sample below is ours, written for the most common case: you want the collector to prove the debt.

In writing. A phone call can help you learn about the debt, but the rights in 15 U.S.C. 1692g (Cornell LII, opens in a new tab) attach to a written dispute sent within the 30-day period. If the collector offers an electronic way to dispute, you can use it and keep a copy.

If your letter arrives within the validation period, the collector must stop collecting (eCFR, opens in a new tab) the debt, or the part you dispute, until it sends you verification or a copy of a judgment. If you asked for the original creditor, it must stop until it sends that name and address.

During the validation period the collector also must not do anything that overshadows your right to dispute.

If it reports the debt to a credit bureau, it must not leave out that the debt is disputed (15 U.S.C. 1692e (Cornell LII, opens in a new tab)).

The reply may be short. The CFPB notes (CFPB, opens in a new tab) that a collector may not have to give you everything you ask for, and that not getting it does not by itself mean the collector broke the law. If the reply leaves you unsure, a consumer lawyer or legal aid office can read it with you.

If the collector keeps collecting without answering, you can submit a complaint (CFPB, opens in a new tab) to the CFPB. The FTC says (FTC, opens in a new tab) you have one year from a violation to sue a collector.

Most states set time limits of three to six years (CFPB, opens in a new tab) for suing on a debt, and some are longer. A collector must not sue or threaten to sue on a debt past that limit (12 CFR 1006.26 (eCFR, opens in a new tab)), but it may still ask you to pay.

The CFPB says a partial payment, or saying you owe an old debt, may restart the time period. If you think a debt may be too old, the CFPB suggests (CFPB, opens in a new tab) talking to a lawyer before you pay anything.

Some states add their own notices. In California, a collector writing about a time-barred debt must tell you that because of its age it will not sue you (California Legislature, opens in a new tab) for it. If you are sued on an old debt anyway, you usually have to raise the time limit in court yourself.

Validation comes first. It tells you whether the debt is yours, whether the amount is right and who owns it now. Only then is it worth deciding whether to pay, settle or do something else.

If you have $10,000 or more of unsecured debt in total, we can talk through whether settlement fits once your debts are verified. A settlement program does not stop collection or a lawsuit, and we will tell you plainly if a debt should be disputed first1.