Can I sue the collection agency?

They can start reporting as soon as the acquire the debt. Since they have waited until October to dun you, you now have 30 days to request debt validation. No grounds for suit.

yep.now if they can't valdate then the entry should be removed.

Nascar can correct me if I am wrong on this but I would send a DV letter immediately CMRR and track it. Most jdb's cannot validate the debt. The day it is received by the collection agency dispute it with the CRA, if they verify with the CRA then their is a violation.

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my situation is this: In July my daughter got a dunning letter from Green & Cooper attorneys representing Asset Acceptance on an account they claim she had. They were saying the balance was a little over 700.00. The letter was dated 7/15 and we sent them a debt validation which they signed for on 8/13 which is 29 days from the day they made their letter even though the envelop is postmarked 7/16. We never received anything back from them and then today she gets served with a summons. Isn't that a clear violation of the FDCA or FDCPA? Just wondering if I am right and should try and collect from them.

If the attorney signed for your validation and they did not send info validating the debt and they still continue to try to collect the debt they are in violation of the FDCPA. You should check your daughters credit report and see if they continued to report or filed as disputed. If you have your dispute and request for validation papers you can bring them with you to the hearing. You will most likely be known as the "least sophisticated consumer". You can also try to contact the collector again, but I would say that is a

violation that is worth more than your debt. Make sure and go to the hearing if you dont they may get a default judgment. Also, the courts do have free legal aid your daughter can call and talk to someone and use her income so you wont have to pay. I had a client that came to me two weeks ago, she had a writ of execution sent to her by the creditor sent to her in an envelope with no return address. I think they did this so she would not open the mail. So call the creditor and make sure they didnt send the info, and let them know they may be in violation.

What type of debt is this? Have you checked to see if it is within the SOL for your state? As stated above do not miss the hearing or they will win by default. What you should have done is pulled a copy of your daughters CR after you sent the DV letter. If it is on her CR you should have disputed it as not my account because while it is in dispute Asset would not have been able to verify it with the CRA.

Keep all records because I think you can win this one.

this is on a Victoria Secrets account she had. it's been almost two years since she paid anything on it. since the attorneys office didnt validate it before they filed the lawsuit what do you think would happen if we sent them a letter letting them know they violated the FDCPA and that we could sue them but instead we would take a paid settlement letter and have the suit dropped instead of them having to pay out the 1000 dollars and attorneys fees. the account amount is only a little over 700 dollars that they want anyway.

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