You Sent Me What?! When Debt Collectors Think Receipts Mean Contracts.
By Veronica Lockett, JD, MSW
Attorney. Empath. Recovering people-pleaser turned legal petty queen.
The Setup: When “Proof” Ain’t Proof
There’s a special kind of bold that debt collectors have. The kind that makes the debt collector send you a 30-page PDF from 2022 and call it “validation.” Excuse me? That’s not how the Fair Debt Collection Practices Act (FDCPA) works. Because when you dispute a debt, federal law says the collector has to hit pause. Like, full stop. No calls, no letters, no credit reporting, nada, until it can actually prove (1) that the debt exists and (2) that the collector has the legal right to collect it.
That means:
A bill of sale or assignment showing the debt’s transfer;
A balance breakdown that explains how the amount magically tripled since Beyoncé dropped Renaissance,
And a little thing called competent documentation, not a screenshot of a loan agreement you allegedly e-signed three tax seasons ago.
The Case Law They Pretend They Don’t Know
Let’s talk receipts — the legal kind.
The Fifth Circuit in Sayles v. Advanced Recovery Systems, Inc. made it plain: credit reporting is collection activity. So, if a collector keeps running to Experian with your debt but “forgets” to mention you disputed it while you’re waiting on validation — congratulations, you might be looking at a Fair Debt Collection Practices Act violation. 15 U.S.C. § 1692g(b).
Then there’s Henry v. Capital One Bank (USA), N.A. out of the Northern District of Texas, where the court basically said: “If you send account statements, payment history, and the original application, you’ve met your validation duty.”
So let’s compare: Capital One’s lawyers showed up with pages of statements. National Credit Adjusters? Sent one lonely loan agreement and called it “proof.” Honey, that’s like showing up to a potluck with one paper plate and saying, “I brought food.”
The Texas Twist
Now here’s where Texas draws its own line in the sand, and collectors better pay attention.
Under Texas Finance Code § 392.202, a third-party debt collector must stop collecting the minute you dispute the accuracy of a debt in writing. The third-party debt collector has to investigate, verify, and fix its records before collecting another dime or sending another report to a credit bureau.
If the third-party debt collector admits it got the information wrong, the third-party debt collector, must correct the file and notify everyone who received the inaccurate information. If the third-party debt collector, claims it “needs more time” to investigate, the law still says: pause everything. No collecting. No calling. No reporting.
So next time a collector slides you a “validation” packet that looks like it was stapled together during lunch, remember this: Texas doesn’t play about verification. If the collector can’t prove it, the collector can’t collect it. Periodt!
The Legal Clapback
And if they still don’t get the message after all that? Don’t worry! Texas law gave you the perfect comeback. I call it the legal clapback. “Thank you for the paperwork. However, nothing in your response establishes your legal right to collect this account, nor does it verify the accuracy of the amount claimed. Until you do, kindly cease all collection activity and credit reporting.” That’s lawyer for try me again.
The Bigger Lesson
Debt validation isn’t about whether you once borrowed money. It’s about whether the collector in front of you has the legal receipts to demand payment today. Because let’s be real, debt changes hands more than your Amazon password. If they can’t show the chain of custody, they can’t show ownership. Period.
What You Should Do If This Happens to You
Dispute it in writing. Always. “I don’t recall this debt. Please validate.” That’s all you need to start the clock. Not really, please refer back to blog titled, “What is Debt Collection and Why Does It Matter.”
Wait for actual validation. Not a contract. Not a “balance summary.” Actual verification.
If they keep reporting or calling? Screenshot it. Save it. Then call someone like me who knows how to turn that violation into leverage.
Final Word
Debt collectors expect silence, not resistance. But at Veronica Lockett Law, PLLC, we do resistance Annalise Keating-style* with statutes, sarcasm, and receipts. Because if you’re going to collect, baby, collect correctly. Filter stays off. Facts stay on.
*’Annalise Keating’ and How to Get Away with Murder are the property of ABC Studios and Disney. Reference is made under nominative fair use for descriptive purpose only. We just borrow her energy.