Validate Collection Collections Account Removed Credit Report Completely

  All collection debts, duplicate or second party collection debts should be validated as part of negotiations. Validate the debt, then negotiate with the legal debt holder, IF they can prove that they are legally authorized to collect the debt and that the debt has not been used by the original debtor for tax reduction.
  Remember
many collection companies go after debts that they are not legally authorized to collect. Some collections get sold several times and reported over and over. Most of these duplicates do not have the legal chain of authorization as required by law to collect, report or inquire. That's not fair.  Here are some guidelines to get a collection account removed from your credit report completely or at least verify that this collection company is in fact operated in a legal framework. If you find they are, then you should negotiate a payment or settlement as quickly as possible to get this negative account to a zero balance. Everything 2 years back from today (DOLA), weighted at 70% of your credit score. The quicker you can these account settled, paid or removed the quicker your credit scores will improve. These questions should be answered on any account validation request.
Who is the current owner of this alleged collection debt?
  1. Who is the original creditor for this alleged debt on my credit report?
  2. If [NCO/AIS] is the current owner, when was the said debt in collections purchased?
  3. Who was it purchased from?
  4. Have you assigned the alleged debt to another entity for collection?
  5. If so, who?
  6. If [NCO/AIS] has sold or otherwise transferred this alleged debt, to whom was it sold and when.

When you try to validate a debt account with a collection agency these details must be answered or the account should be removed completely.
  1. Proof that the CA holds your debt: You must get written proof that your account has been sold or assigned to the Collection Agency
  2. Your payment history: You'll also get a copy of your current account payment history. This will help you verify the total amount you owe, including any fees being added to your debt. You should also find out how the collection agency has calculated these extra fees.
  3. Copy of your accounts' original contract: This is intended to prove to you that you agreed to the debt. If they do not provide you with a copy of the original agreement, the CA may also provide you with the account statements from the original creditor
Seven legalities collection agencies must prove and abide by or you can sue and get the account removed completely.
  1. Request a debt validation: Send a request letter to the CA asking them to validate your debt. Check out this sample debt validation letter to learn how to format the letter. The letter should be sent via certified mail with a return receipt request.
  2. Check if the Collection agency is licensed: You need to wait for a reply from the CA. The agency may send you a letter with the details you've asked for. While you wait for a response, you should check to see if your state requires CAs to be licensed, and if so, whether the CA you are dealing with is licensed. The states that do not require CA licensing are Georgia, California, Iowa, Kansas, Kentucky, Montana, Oklahoma, Pennsylvania, and South Carolina.
  3. What if the CA violates collection laws: If the collector needs a license to collect debt in your state and they aren't licensed, send them a letter notifying they are violating your state's collection law. You should also inform them that if they continue to attempt collection, they may be facing a law suit and pay fines to your state.
  4. What to do if the CA doesn't validate debt: If the CA doesn't send you satisfactory proof, then you need to send them the documents below:
    ■A copy of your validation letter
    ■Copy of the return receipt
    ■A statement that the CA has violated the FDCPA
    Under the FDCPA, if the collection agency doesn't validate your debt, then they can no longer collect the payment and they are required to stop contacting you.
  5. Remove collection listing: Under the FCRA, collection agencies should not report a negative entry to the CRAs if the CA does not validate your debt. You need to send a letter to the collection agency asking them to remove the collection listing. You should also inform them that if they don't remove the collection listing, you might sue them for violation of the FDCPA. Wait 15-20 days for a reply from the collector. They'll either remove the negative listing or they won't respond at all.
  6. Sue the collector if listing isn't removed: If the collectors don't remove the collection listing from your report, then you can file a lawsuit because they have violated the FDCPA. Before you file the lawsuit inform the CRAs that the CA is refusing to remove the collection listing.
  7. Know how to deal with the CRAs: If the CRAs verify the collection listing, you'll have verification that the CA has the right to collect on the debt. If the CRA validates the debt, you should send them proof that the CA has refused to respond to your attempts to validate the debt, and therefore is violating the FDCPA. If the CRA refuses to send you the validation information they have received from the CA, you should include them in your suit against the CA for violation of the FDCPA.

 
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