The Fair Debt Collection Practices Act, FDCPA, gives you the right to verify debts from debt collectors. Within 30 days of being contacted by a debt collector, you can send a letter requesting the collector validate your debt. Your request for validation must be made in writing. Sending your request via certified mail with return receipt requested gives you extra proof and a way to track that your letter was received.
The validation the collector sends you in response needs to include some documents from the original creditor proving you owe the debt, the amount you owe is valid, and the agency is allowed to collect the debt from you.
The statute of limitations on debt is the maximum time the debt collector can use the courts to collect a debt from you. The time period varies by state and starts on the last date of activity on the account.
Even of the statute of limitations has expired, the collector may still call you or may even file suit against you in court. To stop calls, send a cease and desist letter to the collector asking them to stop contacting you.
If the collector files suit against you, attend the hearing prepared with evidence that the statute of limitations on the debt has indeed expired. Consult with an attorney for additional legal advice and representation.
You have the right to request the collector to stop contacting you. By sending a written cease and desist letter to the debt collector, you can have the collector stop communicating with you about the debt altogether, regardless of whether the debt is legitimate or within the statute of limitations.
Like your debt validation letter, the cease and desist letter should be sent via certified mail with return receipt requested. If the collector ignores your cease and desist letter, you can take legal action.
If you’ve requested validation of the debt and the collector has failed to respond to the request or hasn't sent sufficient proof that the debt is valid, the collector cannot legally add the debt to your credit report. In either of these cases, you can have the account deleted from your credit by submitting a credit report dispute.
The case for the dispute is stronger if you include a copy of your debt validation letter along with the certified and return receipt requests and cite in your letter the collector's failure to provide proof of the debt.
How to Attack Zombie Debt
If you've ever watched 28 Days Later or The Walking Dead, then you know about zombies. These back-from-the-dead creatures are nearly impossible to kill and continue to haunt you despite your best efforts to stop them. Shooting them doesn't work, tearing off their limbs doesn't work. Even blowing them up sometimes doesn't work. Zombie debt is sort of like that.
Zombie debt refers to old debt purchased by debt collectors hoping to intimidate consumers into paying the debt. If you're contacted by a collection agency about an old debt, don't give in immediately. You have several tools you can use to fight back.