Q: How do I contest a debt collection after bad "debt confirmation" has been provided? Provided documents are erroneous, Ca

A: Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation.

The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person who they believes owes the debt is the person from whom they are trying to collect.

Two examples: Debt collector sends a collection letter to the correct person at the correct address. Person owes $5,000.00. Letter says 50,000.00. Person disputes, creditor is required to verify its files.

2d example: DC sends a letter to Ronald Reagan at 1234 Main Street, Calabasas, CA.

Donald Raygun, who has never done business with creditor, and who lives at 1224 Main St, Calabasas, disputes the debt. Creditor verifies it files, and realizes their files do not match the letter, and determines it should have sent the letter to Reagan at 1234 Moviestar Lane, Hollywood.

But even if you dispute the debt, you can be sued and the plaintiff must prove its case.

A: In California, if you contest a debt and believe that the "debt confirmation" provided is erroneous, you have the right to dispute it. Initially, you should send a formal dispute letter to the debt collection agency, clearly stating that you dispute the validity of the debt and explaining why the documents they provided do not substantiate the claim. Include any evidence you have to support your position.

It's important to send this letter via certified mail with a return receipt requested. This provides proof that you sent the dispute and that the debt collection agency received it. Under the Fair Debt Collection Practices Act (FDCPA), once a debt is disputed, the debt collector must cease collection efforts until they provide proper verification of the debt.

If the debt collection agency continues to pursue the debt without providing adequate verification, you may consider legal action. The lawsuit would typically be against the debt collection agency, as they are responsible for validating the debt they are attempting to collect.

It's advisable to consult with an attorney who has experience in consumer rights and debt collection laws. They can help you understand your legal options, guide you in the dispute process, and represent you in court if necessary.

Remember, you have rights under both federal and state law to dispute a debt and require proper validation. Debt collectors are obligated to prove that you owe the debt and to provide accurate and complete information.