opinions on possible fdcpa violation

My daughter was or actually is still in the process of being sued on a credit card debt by asset acceptance since 2009. What my question is about is dealing with validation of debt. She received a letter from a law firm saying they were representing asset. The letter was dated July 15th 2009 and postmarked July 16th. We fixed up a debt validation letter and sent it to them CMRRR on August 11th which they signed for as being received on August 13th. We heard nothing from them until October when my daughter was served with a lawsuit. We answered the summons and sent a request for production of documents, interrogatories and admission of facts. Included with the summons was the usual affidavit and a statement from asset saying what we owed and that the account had been bought in 2008 and what the balance do was.

On the bottom of the statement it says " not previously sent to consumer". It also says this communication is from a debt collector. In the admissions of fact we sent we asked that they acknowledge that they sent us the letter with those dates, received our validation request by cmrrr with the dates we stated, that they didn't respond to us until they filed the lawsuit and that they violated the fdcpa by continuing collection activity without validating.

We have not received anything from them since we answered the summons from them or the court. It has just basically been laying dormant for two years. Wondering if that can be used as an admission of violation since it had that on the statement.

You say you havent "heard" from them. Have you been following the case on the court website??

i dont think a law suit can lay dormant for 2 years. if nothing gets filed after a certain amount of time then the court will automatically dismiss for lack of prosecution. you're missing something here, hence SL's question above.

Admission or no admission, you have pretty clear cut evidence that they violated FDCPA. How much are they suing for? Is it more than $1000?

Hang on guys, not so fast....

Lets look at this again. OP said that they DV'ed a LAW FIRM....not the debt buyer. If the same law firm represents the CA in this case, then you could have a case against the law firm, but not against the plaintiff. If the law firm representing the plaintiff is not the same one that the OP sent a DV letter to, then there is no violation at all. Remember, a DV to a collector is not binding upon anyone else except the collector it was addressed to. So, Asset Acceptance is not bound by the DV.

To the OP--is the law firm you sent the DV letter to the same as the one representing Asset in the case against your daughter? Let us know.

sorry it's been awile since I was able to get back to this.

Greene and Cooper is the law firm in this matter. They sent a letter stating they were representing Asset and stating the 30 days to dispute and at the bottom it said this is an attempt from a debt collector to collect a debt.

The DV was sent to Greene and Cooper and thats when I sent those documents I talked about before. There has been no contact between them and us since I sent those requests CMRRR and filed with them with the court.

I called the courthouse a couple days ago and it's still showing as an open case.

they are suing for an amount around 750.00

guess everybody is like me. unsure if it would be or not. I'll dig around some other places and see what I come up with.

If Green and Cooper is who you DVed and Green and Cooper is who's suing you, then you have a case. I would counter sue for FDCPA violation and ask for the full $1000 AND for their case to be dismissed with predjudice.