Debt Validation Request Process

Summary

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors must validate your debt upon request. This includes providing the amount of the debt, the name of the current creditor, and proof of ownership. If they cant validate the debt, they must cease collection activities, cant report the debt to credit agencies, and cant sue you. In Montana, these rules apply, ensuring that debt collectors follow proper procedures.

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Montana
In Montana, the Fair Debt Collection Practices Act (FDCPA) applies. If the debt collector can't validate your debt:
- They can't contact you anymore.
- They can't report the debt to credit reporting agencies.
- They can't sue you or attempt to collect the debt.
What does a debt validation look like
A debt validation typically includes:
- The amount of the debt
- Name of the creditor to whom the debt is currently owed
- Statement that you can dispute the debt within 30 days
- Statement that if you dispute the debt, the collector will obtain verification of the debt or a copy of a judgment
- Statement that the collector will provide the name/address of the original creditor upon your written request.
Can I ask for proof of ownership that a debt collector has been assigned my debt
Yes, under the Fair Debt Collection Practices Act (FDCPA), you can request proof that the debt collector has been assigned your debt. This is part of the debt validation process. If they don't provide it, they can't legally collect the debt.
What happens if I ask debt collectors for a copy of the original contract bearing my signature that I signed for the debt
Under the FDCPA, you have the right to request a copy of the original contract. If the debt collector fails to provide it, they cannot legally pursue the debt. Remember, it's crucial to make your request in writing.
Technically when is the contract with the original creditor be void if I never signed a contract with the debt collector and their creditors sold my debt to The collector when that void are contract
The contract with the original creditor isn't voided when the debt is sold. The debt collector assumes the rights of the original creditor. However, if they can't validate the debt when you request it, they can't legally enforce the debt. This is under the Fair Debt Collection Practices Act (FDCPA) and applies in Montana.