Debtconsolidationcare.com - the USA consumer forum

A lawsuit as an initial communication

Date: Sun, 01/27/2008 - 00:52

Submitted by goldenbast
on Sun, 01/27/2008 - 00:52

Posts: 2884 Credits: [Donate]

Total Replies: 4


I was bopping around that inside arm site's forums, boy what an eye-opener!!! I came across someone asking about if a lawsuit was considered an initial communication. Apparently, IT IS..which means that the summons or whatever would have to have all the stuff about validation and possibly even the 'this is from a debt collector' stuff...how facinating...does anyone else know about this? I have never heard of a summons having those words, but I have heard of plenty of people getting a summons as a first communication..this makes things very interesting...look at this:
http://caselaw.lp.findlaw.com/data2/circs/7th/021113p.pdf
oh and I had a HUGE LAUGH!!! here is a quote from a poster on that forum:
       
Get the feeling they are talking about us? LOL :lol: :lol: :lol:


GoldenBast, I couldn't get that link to work. I'm going to try cutting and pasting and see it that works better.

I'm wondering if that's the whole story, though. Do they file these lawsuits in the hopes the debtor will not respond and they get a default judgment? If that's the case, they have nothing to lose and a lot to gain. On the other hand, if a debtor does respond, I would think the CA would still be forced to validate the debt, and if it came out they never communicated with the debtor before suit was filed it would seem an abuse of the justice system.

I don't know as I'm no attorney. Maybe LawStudent would be so kind as to offer his insight. I just don't see how they can do this, both legally and morally. Well, I should probably have left off the moral part.

That's too funny, what the poster had to say. What? Do they think we're over here making up things? Like we just pulled the fdcpa out of our collective arses! It is a law(although, IMHO a weak one), it has been a law for many years now. All that's being done in these forums is helping people understand the law and stand up for their rights. That's it. Nothing more.

Maybe if some of the crooked CA's came over here and actually read some of the threads, as opposed to posting garbage, they could perform their job LEGALLY and not be so worried about what we're reading or posting.

Dipsticks!!!!


lrhall41

Submitted by FloridaRon on Sun, 01/27/2008 - 09:41

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You're right unemployedRon. Case law I've read, as well as studying the fdcpa and local law says that a summons can indeed be a first communication. This isn't very common though. Of course you're right in saying that they hope that the defendant (or respondent) doesn't show up as well. I'm a member of the ARMS website (Cajun is as well, I believe he said quite somethime back). I never post there, but get some very informative email updates (which are largely unbiased).


lrhall41

Submitted by Law Student on Sun, 01/27/2008 - 23:02

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Thanks for the input, LawStudent.

What exactly is the ARMS website? Can you PM me with the URL? I'd like to check it out.

Thanks, in advance.


lrhall41

Submitted by FloridaRon on Mon, 01/28/2008 - 02:44

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law when a first communication is a summons..they don't win very often if people being sued respond yes or no? btw..I admit here and now I am one of your biggest fans here..you are a wonderful member of this sight ! Just my opinion!might not mean much but I have very much appreciated you being here and offering your unbiased opinions! here is me and my fan support!


lrhall41

Submitted by socksfullofrocks on Thu, 01/31/2008 - 23:33

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