I was sued before I had a chance to request debt validation

thank you!

regardless of the DV letter, it appears they must validate the debt anyway in court. I came across this letter by an FTC attorney:

[quote]
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Credit Practices
Bureau of Consumer Protection


June 13, 1995

F. Guthrie Castle, Jr., Esq.
301 Koger Center
6555 Quince Road
Memphis, TN 38119

Dear Mr. Castle:

This is in reply to your letter of March 17, 1995, concerning proper verification of a debt under Section 809 of the Fair Debt Collection Practices Act (FDCPA). I apologize for the delay.

In answer to question #1: Section 809 of the FDCPA does not prescribe any effective date for a Section 809 verification. Therefore, providing a verification which pre-dates the debtor's dispute does not appear to be a violation of that Section.

In answer to question #2: in view of the recent Supreme Court case, Heintz et al v. Jenkins, (No. 94-367; 1995 U.S. Lexis 2840), decided April 18, 1995, which considered litigation activity to recover a debt to be "collection activity" covered by the FDCPA,it does not appear that a debt collector may attempt to reduce a disputed claim to judgement without obtaining the verification required by Section 809.

I hope this has been helpful.

Sincerely,

John F. LeFevre
Attorney
[/quote]

what do you think?

Here is what I get out of it:

If you DV and they sue you anyway, they still have to respond to that DV in court.

At any rate, the DV is practically useless because it has no teeth. In court, you would file a Motion for Discovery, which is far more comprehensive.

this decision seems to put teeth in the validation. what do you think?
http://www.law.com/jsp/article.jsp?id=1202434402475

Cohen & Slamowitz is in fact the law firm suing me. I wonder if I have a case for suing them now.

Does sure you don't waste time in filing an answer and please read your court documents carefully. If you failed to file and answer as instructed, the creditor wins by default. I now from epxerience, lawsuits take a while which willgive you time to figure out a game plan. I filed my answer to a lawsuit on September 19, as of today I have heard nothing back. I was told some creditors use lawsuits to protect there interests, in that if you fail to repay the debt they have recourse.

Please read the threads on the forum regarding Cohen and Slamowitz. They are the worst, and they are NOT lawyers. The are a seedy ca, As soon as I asked them to validate they vanished. Be careful however . If you read the threads, they somehow have gotten the bank accounts of people and have taken money.
Also , be sure it is them suing you for real.They are known to send out paperwork that mimics a judgement , but is not.

And as always call an attorney or the clerks office with regard to your "lawsuit"