Debt validation: your rights when a collector contacts you

Within five days of first contacting you, a debt collector generally must send a written validation notice (or provide it in that first communication) that includes the amount of the debt, the name of the creditor, and a statement of your right to dispute (15 U.S.C. § 1692g). Regulation F expanded the required details and created a model form that shows, among other things, an itemization of the debt since a specific date and the deadline to dispute (Regulation F).

Regulation F (12 CFR 1006.34) spells out what a collector's validation notice must contain. Expect to see:

• The collector's name and mailing address, and the name of the creditor the debt is owed to
• An account number, if any
• An itemization date and the amount owed on that date
• An itemization of interest, fees, payments, and credits since that date, and the current amount owed
• The date your validation period ends, and how to dispute or request information about the original creditor
• A tear-off form or prompts you can use to respond

If a notice is missing key information or the amounts don't add up, say so in your dispute.

1. 1Identify yourself and the account or reference number from the collector's notice.
2. 2State that you dispute the debt, or the amount, and request verification and the name and address of the original creditor.
3. 3Ask the collector to stop collection until it provides verification.
4. 4Keep it factual. You don't need to admit or deny owing the debt.
5. 5Send it within the validation period, in a way you can prove (certified mail, or the collector's online dispute portal with a saved confirmation).

If the debt is also on your credit report and the information is inaccurate, you can dispute it with the bureaus at the same time.

Collectors must send the validation information within five days of first contacting you, unless they provided it in that first communication. If a collector contacts you and you never got the notice, ask for it in writing. If a collection appears on your report from a company that never contacted you, you can dispute it with the bureaus and request validation from the collector.

If you notify the collector in writing within the validation period that you dispute the debt or want the name and address of the original creditor, the collector must stop collecting until it obtains verification (or the creditor's information) and mails it to you (§ 1692g(b)). The validation notice states the exact end date of your window.

1. 1Read the validation notice and note the dispute deadline.
2. 2Write to the collector before the deadline: say you dispute the debt and request verification and the original creditor's name and address. The notice may include a tear-off dispute form you can use.
3. 3Send it so you can prove delivery and keep a copy.
4. 4Review the response. Compare amounts, dates, and creditor names against your records.
5. 5Check your credit reports. If the collector reports the debt, it should show as disputed. If the collection itself is inaccurate, also dispute it with the bureaus.

You can dispute after the window too; the pause-on-collection rule just applies to timely written disputes.

• Regulation F generally prohibits a collector from furnishing information about a debt to a credit bureau before it has communicated with you about the debt (12 CFR 1006.30(a)).
• If you dispute a debt with the furnisher, it may not report the debt without noting that it's disputed (FCRA § 623(a)(3)), and the FDCPA bars communicating credit information known to be false, including failing to communicate that a disputed debt is disputed (§ 1692e(8)).
• A collection can generally be reported for up to 7 years, measured from 180 days after the original delinquency (how long items stay).

Each state sets a statute of limitations for suing over a debt. Regulation F prohibits collectors from suing or threatening to sue on time-barred debt. In some states, a payment or written acknowledgment can restart the limitations period, so check your state's rules before paying a very old debt. The lawsuit deadline and the credit-reporting period are different clocks.

The FDCPA and Regulation F prohibit harassment, false or misleading statements, and unfair practices. Regulation F also limits call frequency, with a presumption of violation for more than seven calls in seven days about a debt. You can ask a collector to stop contacting you or to use certain methods. Learn more from the CFPB and the FTC. If you've been sued, respond to the lawsuit and consider speaking with a licensed attorney.

Phone calls are hard to document. Ask collectors to communicate in writing, keep copies of everything you send and receive, and note the date and time of any calls. Under the FDCPA, you can also tell a collector in writing to stop contacting you; after that, it may generally contact you only to confirm it's stopping or to notify you of a specific action, such as a lawsuit. Stopping contact doesn't erase a valid debt, so consider whether you'd rather resolve it.