If a debt collector contacts you about a debt, your first step is to request validation. This forces them to prove the debt is yours and accurate. This is a critical first step under the FDCPA.
Helpful Links:
CFPB: Debt Validation Sample Letters
FTC: Debt Collection FAQs
Obtain your credit reports from all three major bureaus. Gather all documents related to the inaccurate item, such as statements or letters. Depending on your case (e.g., identity theft), you may need to file an official report, like a police report or an FTC Identity Theft Report, to include as evidence with your dispute.
Draft a formal dispute letter for each inaccuracy to each credit bureau reporting it. Be clear, concise, and provide copies of your evidence. It is highly recommended to send these letters via certified mail with a return receipt requested to have proof of delivery.
The credit bureaus generally have 30-45 days to investigate your dispute. They must send you the results in writing. If the information is corrected or deleted, you've won! If they claim the information is 'verified' but you know it's wrong, it's time to consider further action.
If your dispute is ignored or unfairly rejected, and the negative information remains, it's time to consult with a consumer protection professional. Most, like us, offer free consultations to evaluate your case's strength under the FCRA or FDCPA.
If your case has strong legal merit, your case manager may escalate it to a qualified professional. They will handle all communication and file a lawsuit if necessary. Many consumer law professionals work on a contingency fee basis.
Once your issue is resolved, continue to monitor your credit reports regularly. You are entitled to a free report from each bureau every year. Be cautious with your personal information to prevent future identity theft and keep good records of your financial activities.
The legal system is complicated. If your situation is complex or you're not getting results, our team can provide the customized assistance you need.
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Legal Information & Self-Help
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Find answers to common questions about credit law and your rights.
The FCRA is a federal law that promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. It grants you rights, including the right to dispute inaccurate information on your credit reports.
Most negative information, such as late payments or collections, remains on your credit report for seven years. A Chapter 7 bankruptcy can stay on your report for up to ten years.
Yes. If you dispute an error with a credit reporting agency and they fail to conduct a reasonable investigation or correct the inaccuracy, you may have grounds to sue them under the FCRA. This often requires professional help.
A debt validation letter is a formal request you send to a debt collector asking them to prove that you owe the debt they are trying to collect. You have the right to request this validation under the FDCPA.
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