Document preparation service
Debt validation documents, prepared and tracked.
Federal law gives you the right to make a debt collector prove a debt. GetWell Legal prepares the documents that put your request in writing, sends them by certified mail, and tracks every deadline. Possible violations are referred to attorneys in the GET WELL Legal Network.
- Over 20 years of experience in document preparation
- Partner attorneys: GET WELL Legal Network
Validation process
Your right to proof, and the clock that comes with it.
Under the Fair Debt Collection Practices Act, a third-party collector has to show a debt is valid when you dispute it in writing. The timing matters, so we build every file around these deadlines.
- Day 0
First contact
A collector calls, texts, emails or mails you about a debt.
- Within 5 days
Validation notice
The collector must send a written notice with the amount, the creditor and your rights. §1692g(a)
- 30-day window
You dispute in writing
A written dispute in this window triggers your full validation rights. §1692g(b)
- Until verified
Collection pauses
The collector must stop collecting until it mails you verification.
Missed the 30 days? You still have options.
You can dispute a debt at any time. After the 30-day window, the collector is not required to pause collection, but it still may not use false or misleading statements. We prepare documents for both situations.
Collectors, not original creditors.
The FDCPA covers collection agencies, debt buyers and law firms that regularly collect debts. It generally does not cover the original lender collecting its own account. For those, state law may apply, such as the Texas Debt Collection Act.
What we do
Documents we prepare
Every document is prepared for the specific account and collector, cites its legal authority, and is tracked through each statutory deadline.
Debt Validation Request
Disputes the debt and requires the collector to verify the amount, the original creditor and its right to collect.
Cease Communication Letter
Tells a collector to stop contacting you, apart from limited notices the law allows.
Follow-Up Notice
Documents a collector’s failure to respond and puts the gap on the record.
Hardship & Uncollectability Disclosure
Explains exempt income, such as Social Security, to a creditor weighing a lawsuit.
Violation documentation
A record of calls, letters and responses, prepared for review by a network attorney.
What we send on every account
- Written dispute and demand for validation
- Your photo ID and proof of residence as enclosures
- Delivery by certified mail, return receipt requested
- Every response, or lack of one, logged against its deadline
What we don’t do
- We don’t negotiate or settle your debts
- We don’t take monthly payments to pass on to creditors
- We don’t consolidate loans or offer credit counseling
- We don’t give legal advice or represent you in court
Correspondence protocol
How each disputed account is handled
Each account receives a complete package, sent and documented the same way every time.
- 1Demand for validationWritten dispute under 15 U.S.C. §1692g(b) and 12 C.F.R. §1006.38, requesting the name of the original creditor, an itemization of the amount claimed under §1006.34(c)(2), and documentation of the collector’s authority to collect.
- 2Identity enclosuresA copy of the consumer’s government-issued photo ID and proof of residence, establishing identity and standing as the consumer disputing the account.
- 3Certified mail, return receipt requestedThe signed return receipt fixes the date of delivery, which starts every deadline that follows.
- 4Response logged against statutory deadlinesEach reply, or the lack of one, is recorded. Continued collection before verification is documented as a possible violation for referral.
- 5Follow-upWhen a collector does not respond or responds incompletely, we prepare a follow-up notice that puts the gap on the record.
- 6Monitoring through the limitations periodEach account is tracked through the statute of limitations in the consumer’s state.
Collection practices
Collectors must follow federal law.
Every file we prepare is reviewed for possible violations. Possible violations are referred to an attorney in the GET WELL Legal Network, who decides whether to take a case. Referral does not mean a case will be accepted.
Damages the law allows
- FDCPA: up to $1,000 in statutory damages per lawsuit, plus actual damages and attorney fees paid by the collector, §1692k
- State law: some states add separate damages on top of federal claims, such as Tex. Fin. Code §392.403
- Deadline: an FDCPA claim generally must be filed within one year of the violation
Attorney fees and any recovery are handled by the network attorney under that firm’s own agreement with you. Outcomes vary by case.
What to watch for
- Collecting after you disputed, before sending verification
- Calling before 8 a.m. or after 9 p.m., or at work after you said not to
- Threatening arrest, a lawsuit it won’t file, or wage garnishment it can’t do
- Telling family, friends or your employer about the debt
- Adding fees or interest not allowed by your agreement or state law
Think a collector crossed the line?
Tell us what happened. Keep call logs, voicemails, texts and letters, since they are the evidence a case is built on.
Statutory deadlines
The periods every file is tracked against
| Event | Period | Authority |
|---|---|---|
| Collector sends validation notice | Within 5 days of first communication | 15 U.S.C. §1692g(a) |
| Consumer’s written dispute window | 30 days from receipt | §1692g(a)(3); 12 C.F.R. §1006.34(b)(5) |
| Collection suspended after timely dispute | Until verification is mailed | §1692g(b); 12 C.F.R. §1006.38(d)(2) |
| Call-frequency presumption of harassment | More than 7 calls in 7 days | 12 C.F.R. §1006.14(b)(2) |
| Consumer’s FDCPA claim | 1 year from the violation | 15 U.S.C. §1692k(d) |
| Suit on consumer debt (Texas) | 4 years | Tex. Civ. Prac. & Rem. Code §16.004 |
| Response to a lawsuit served on you | Often 20 to 30 days | Court rules |
Statutory framework
The legal basis for the program
Scope of the FDCPA
The Act governs any “debt collector,” defined at 15 U.S.C. §1692a(6) as a person whose principal business is debt collection or who regularly collects debts owed to another. Attorneys who regularly collect consumer debts are included: Heintz v. Jenkins, 514 U.S. 291 (1995).
A debt buyer collecting accounts it owns may fall outside the “owed to another” prong, Henson v. Santander Consumer USA Inc., 582 U.S. 79 (2017), but remains covered where collection is its principal business. Original creditors collecting their own accounts are generally excluded under §1692a(6)(A).
Validation and verification
Section 1692g(a) requires written notice of the amount of the debt, the current creditor, and the consumer’s dispute rights. Regulation F prescribes the required content and a model form at 12 C.F.R. §1006.34.
A written dispute within the validation period obligates the collector to cease collection until it obtains verification and mails it to the consumer, §1692g(b). Collection activity during that period may not overshadow or be inconsistent with the disclosure of the consumer’s rights.
Time-barred debt
Limitations periods for suit on a debt are set by state law. Regulation F prohibits a collector from suing or threatening to sue on a time-barred debt, 12 C.F.R. §1006.26(b). In Texas, suit on a consumer debt must be brought within four years, Tex. Civ. Prac. & Rem. Code §16.004.
Remedies for violations
A collector that violates the FDCPA is liable for actual damages, statutory damages of up to $1,000, and costs and reasonable attorney’s fees, §1692k(a). The claim must be filed within one year of the violation, §1692k(d); Rotkiske v. Klemm, 589 U.S. 8 (2019).
The Texas Debt Collection Act provides injunctive relief, actual damages, and fees, Tex. Fin. Code §392.403.
FDCPA
Sets the rules for third-party debt collectors, including validation, contact limits and a ban on deceptive or abusive tactics.
Regulation F
The CFPB’s rule under the FDCPA. It spells out what a validation notice must contain and limits calls, texts and emails.
State collection laws
Many states add protections that reach original creditors too. We include the state law that applies to you.
FAQ
Frequently asked questions
What is debt validation?
It is your right under the FDCPA to dispute a debt and require the collector to prove it. The collector has to identify the original creditor, show the amount and support its claim before continuing to collect.
Does validation make my debt go away?
Not by itself. If a collector cannot verify a debt, it has to stop collecting it. The underlying debt may still exist, and a debt that is verified remains owed. Results depend on each account.
Are you a law firm?
No. GetWell Legal is a document preparation service. We prepare documents and track responses. We do not give legal advice or represent anyone. If you need legal advice or want to be represented, you will need an attorney, and we can connect you with one in the GET WELL Legal Network.
How is this different from debt settlement?
Settlement companies negotiate to pay part of what you owe, usually over years. We prepare documents that make collectors prove their claims. We do not negotiate, hold your money or pay creditors.
Can you guarantee a debt will be removed?
No. A collector that cannot verify a debt must stop collecting it. But a debt that is verified remains owed, and results vary by account.
What happens after the collector responds?
If the collector verifies the debt, it must mail you the verification and you can decide your next step, including whether to speak with an attorney. If it cannot verify the debt, it must stop collecting it. We log every response and deadline for your file.
How does the legal side work?
GetWell Legal handles the documentation and coordination. When a collector breaks the law, your file can be referred to a licensed consumer protection attorney in the GET WELL Legal Network. The attorney reviews each case and decides whether to take it. Legal advice and representation come from the attorney.
What if I’ve already been sued?
Don’t ignore it. A lawsuit has its own deadlines, often 20 to 30 days to respond. Contact an attorney right away. We can connect you with an attorney in the GET WELL Legal Network.
What does it cost?
Fees are listed in your client service agreement, which you will review and sign before we begin. A network attorney’s fees are covered by that firm’s own agreement with you. FDCPA cases are typically brought with the collector paying attorney’s fees when the consumer wins.
Can I cancel?
Yes. You can cancel as your client service agreement provides, and it explains how.
How long does it take?
We prepare documents within a few business days of receiving your intake. Collectors respond on their own timelines. We track each account and follow up when one goes quiet.
What should I have ready?
Any collection letters and notes on calls you have received (date, time, and what was said). Screenshots of texts and saved voicemails help too.
Which states do you serve?
We serve the states listed on the intake form. If your state is not listed, we cannot prepare your documents at this time.
Contact
Contact GetWell Legal
Call during business hours or send a message and a member of our team will respond within one business day.
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Get started
Client intake form
Complete this form so we can begin preparing your documents. We will follow up by email with next steps. It takes about five minutes.
