Comments Off on A Debtor Until Proven Otherwise?

Document your transactions if you expect a Collection Agency to ever collect the bill. The Fair Debt Collection Practices Act clearly holds you responsible to verify all debts.

Who is responsible to prove that a debt is valid? Government agencies and attorneys who make their living on debt collection errors are becoming increasingly aware of collection efforts that violate Section 809 of the Fair Debt Collection Practices Act by failing to provide confirmation that a bill is accurate and valid. Even worse, some collectors inform debtors that the debtor is responsible for confirmation that a bill is not there’s. Aside from being impossible to prove, this action is a clear violation of the Fair Debt Act.

Section 209 is extremely clear; it is the responsibility of the debt collector to provide proof that the debt is valid.

There is an interesting advertising window in the article is an add from an attorney seeking debtors who have been in situations where the collector told them they had to provide proof they did not owe the debt. The attorney promises cash because the firm knows this is a clear and obvious breach of the Fair Debt Collection Practices Act.

If you may ever have to deal with a collection agent or if your company does in-house debt collection you should read this article.

Understanding debt collection and background screening best practices can save your business big money. Building up front applicant screening into your business processes costs you very little, but saves you so much in the end. If you haven’t already, partner with a full service debt collection and applicant screening company to guide your business to a place of security and prosperity.


Executive Credit Management is a full-service Debt Collection and Applicant Screening agency with over 20 years experience located in Central New Jersey. We provide excellent service in the following areas: Employment ScreeningBusiness Screening, and Tenant Screening. Executive Credit Management belongs to a number of Skip Tracing databases and offers services to help locate and confirm the current address of missing debtors. Other services provided are: litigation evaluation on all lawsuit decisions, improvement of the quality of the applicant data, Lawsuit Monitoring, Handling of Debtor Disputes. Executive Credit Management features the best Call Monitoring System in the Debt Collection industry.