Why You Should Always Ask for Validation of a Debt

 Posted on May 08, 2024 in Bankruptcy

Dealing with debt can be a massive headache. You are probably all too familiar with the relentless calls from debt collectors demanding payment and using aggressive tactics to pressure you into paying up. It is an incredibly stressful situation that leaves many feeling overwhelmed and hopeless. A Texas lawyer can help you figure out what to do if you are in this situation.

Know What You Are Paying

One of the primary reasons for requesting debt validation is to confirm the legitimacy and accuracy of the debt. Debt collectors may provide incomplete or misleading information, making it difficult to determine if the debt is valid. By requesting validation, you can receive documentation that proves the debt’s existence, the amount owed, and the creditor’s right to collect.

Prevent Paying Expired Debts

There is a statute of limitations on debt collection in Texas, which varies depending on the type of debt. For example, the statute of limitations is four years for credit card debt. You can dispute if a debt collector tries to collect on an expired debt. Requesting validation can help identify whether the debt is still legally collectible or the statute of limitations has passed.

Avoid Reviving Expired Debts

It is crucial to be cautious when dealing with expired debts because making a payment or acknowledging the debt can potentially revive the statute of limitations. This means the clock starts over, and the debt collector can pursue legal action against you. By requesting validation, you can avoid inadvertently reviving an expired debt and protect your rights.

Stop Harassment and False Claims

Debt collectors sometimes use aggressive tactics or make false claims to pressure individuals into paying debts they may not owe. Requesting validation can help stop harassment and hold debt collectors accountable for these tactics. Under the Fair Debt Collection Practices Act (FDCPA), debt collectors must provide validation upon request, and failure to do so can result in legal consequences.

Identify Potential Errors

Errors in debt records are more common than you might think. Requesting validation can help identify potential mistakes, such as incorrect amounts, duplicated entries, or debts already paid. If errors are found, you can dispute the debt and have it corrected or removed from your credit report.

The Validation Process in Texas

Under Texas law, you have the right to request debt validation within 30 days of the debt collector’s initial communication. To request validation, send a written letter to the debt collector asking for proof of the debt, including:

• The name and address of the original creditor
• The account number associated with the debt
• The amount owed
• Documentation showing you are the responsible party for the debt

The debt collector must provide the requested information or cease collection efforts until validation.

Contact an Arlington, TX Bankruptcy Lawyer

If you face debt issues, remember you have rights and protections under state and federal laws. Requesting debt validation is a crucial first step in ensuring you are not paying debts you do not owe or have already settled. It also helps prevent harassment and holds debt collectors accountable. Call Acker Warren P.C. at 817-752-9033 to get help from a Dallas, TX bankruptcy attorney and start with a free consultation.