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can I be sued without seeing evidence? What are the risks in

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PostPosted: Wed Jan 10, 2007 6:35 pm Subject: can I be sued without seeing evidence? What are the risks in

can allied interstate sue me without providing any evidence or documentation of my debt? I got a lawyer since I was being abused by them and they reported my debt while it was being disputed. If I wait for documentation and get sued before the SOL, will I have to pay the full debt instead of negotiate?
atenyx



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PostPosted: Wed Jan 10, 2007 6:49 pm Subject:

If you've asked for debt validation, they cannot sue you unless and until they've provided you with that validation. Unfortunately, if half the stuff I've heard about allied interstate is true, it doesn't sound like they're particularly concerned with obeying the law. Sad

On the up side, if Allied does sue you without any documentation, they're basically just shooting themselves in the foot. Under such circumstances, you can, and should, countersue for violation of the fdcpa. Also, I'm not quite sure what you mean by them "reporting your debt while it was being disputed", but depending on what, exactly, they "reported", that may also be a legally-actionable FDCPA violation.

Standard disclaimer: I am not a lawyer, yadda yadda.

DebtPadawan
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