Florida law for validating a debt

Posted by / 21-Apr-2020 19:22

Florida law for validating a debt

However, a debt collector must cease all attempts to collect the debt until they have sent a sufficient response.

If a consumer makes a timely request for debt validation and a debt collector fails to provide proper validation or does not respond at all, the debt collector may not legally continue to pursue the debt.

Also, debt collectors can’t call you numerous times a day.

provides that failure by the consumer to dispute the debt during the thirty-day period after the debt collector's initial communication with the consumer may not be construed by any court as an admission by the consumer that he is liable for the debt.

The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt." The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid.

and is therefore required to respond to proper debt validation requests.

In contrast, the original creditor and its employees are generally not subject to the FDCPA, though they may be regulated by other state and federal laws; including the Fair Credit Reporting Act, which was modified by the Fair and Accurate Credit Transactions Act in 2003.

florida law for validating a debt-73florida law for validating a debt-28florida law for validating a debt-50

Debt validation, or "debt verification", refers to a consumer's right to challenge a debt and/or receive written verification of a debt from a debt collector.