Does a collection agency need to provide you with documention about a debt owed?

My gym membership got turmed over to a collection agency. However, I have been making payments directly to the gym but the collection agency is saying no I haven’t; they won’t send me anything on what I owe.

Asked on July 27, 2012 under Bankruptcy Law, Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes indeed they do.  They are required under the law to send you what is called "validation" of the debt, meaning that they need to provide you with proof of the following in writing (and the request should also be in writing):

Proof that they hold your debt (that they bought it or it was assigned to the); your payment history and a copy of the original contract. 

Also check to see if they are licensed.  You need to call the gym as well and advise them of the situation and have them call off the dogns, so to speak.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.