Filing Lawsuits Without Validating Debt
Date: Thu, 10/25/2007 - 09:28
I've been reading posts on various boards where lawsuits were filed without the CA or law firm validating the debt. Once in court, an argument was made by the plaintiff that validation was being provided at trail. Apparently there is case law specifically on point regarding this issue. Does the fdcpa mandated validation take precedent or does each state have separate rules governing validation? Moreover, can a CA or law firm file suit without having validated the debt?
I'm not sure, but I would certainly argue that point in court as
I'm not sure, but I would certainly argue that point in court as validation of debt proves ownership which is the main argument in any case involving a CA suing a debtor (does the CA own the debt and is this the right debtor?) I would say it could be challenged, and also I would point out that filing suit is a collection attempt which they may not do until validation is received by the debtor.
