Can CA go forward in court even though they have not Validated Debt?..

Is the Attorney in your resident state? Validation of a debt consists of stating who the original creditor is, how much was reported owing and the approx. date; and that's it. That is the only proof they have to give you to validate the debt.

If it's been filed in your Court, yes they can proceed!

I can help you with your lawsuits. That is what I do!!! I am not an Attorney, but I have fought 2 lawsuits against myself and a daughter on my own without an Attorney.

I am knowledged in Consumer Protection Laws through those lawsuits, and extensive study and research. I have letters, documents, information I can share with you.

To do this, I need you to contact me at deleted..pm I will need to know the specifics of the Lawsuit to proceed. You don't want them getting a default judgment b/c you didn't Answer the Complaint.

I can't legally advise you b/c I'm not an Attorney, but I can tell you what I would do, if it were me in a given situation.

If you are willing to follow my instructions, so I can help you help yourself, please contact me immediately. The clock is ticking. Most lawsuits have 20 days to respond. Usually that is 20 days from service. However, in your case, that is a big technicality.

First step, I would call or go in to the Court house, and speak with a Court Clerk. They can answer procedural questions only. If you know when the attempt to serve, was done, great; if not find that out. Ask her what generally happens next, in these situations, where you were supposedly attempted to be served, but webstate states, No contact.

The attorneys will probably be ready to proceed with your case. They are slimeballs, and will pull out all the stops to win. I have seen attorneys even violate rules, and the Judges allow it. I don't like CA's, and I don't like their Attorneys, which is why I help people on my own time, fight lawsuits, and so far with favorable results.

Thank you and good luck. My email is used exclusively for people in need to contact me. It is separate from our own personal account. I take people's privacy and confidentiality seriously. I treat there information as I want mine treated. Again my email for this is deleted..pm I am confident I can help you.

i am confident now you are a solicitor.your email will be deleted per TOS rules every time.

Hey All!..That did seem odd..I didn't answer him....Can anyone help me with this?..Thanks, T.E.

They can proceed in court without validating the debt. However, if they can't validate the debt, they probably can't produce the evidence needed to prove their case. Service laws can be different by state, so be careful that you answer the lawsuit if they get some type of substituted service like taping it to your door (if that is something your state allows).

Thanks!..I am in Illinois....(I think in Illinois, they have to personally deliver by Sherriff...) I will keep checking the County Clerk website....Thanks! T.E.

Wait a minute here-Petmommy-u need to be giving the correct advice. This aint the first time I have seen you give less than correct advice. First off-if they sent in a Dv and they have the green card back that IS YOUR FIRST line of defense. They can NOT proceed with debt collection if they have been DV'd. OP please contact one of the moderators on this site-paulmergel, soaplady, skydver, if you want correct advice here. They have already screwed by suing you without responding to the Dv, if you sent it in by CMRRR, thats a big plus in your corner

And as usual Petmommy has a very different view of what Debt Validation is-there is A LOT more they have to prove to you for it to be correctly validated, unlike what Petmommy said, and I believe she has been told this before on this site!!

alright, now that we're done with that...

First, validation is not the stop-all that many think it is. For example, lets say that I got a letter today in the mail from ABC debt collector. This is the first contact with them. I immediately send out a certified letter requesting validation. They never validate. Three months from now, I get served a summons because ABC sued me.

Now, did they break the law? Yes. They sure did. Will that matter to the court where they are now suing you? No, most likely not. When it comes to debt collection lawsuits, courts will typically treat FDCPA violations as a separate matter from whether or not you owe the debt. Your remedy at that point would be to file a counterclaim for 1 because they didnt validate but continued collection efforts. But even with that, you had better prepare to answer their complaint and try to win your case separately from their violations.

Second, validation is NOT just the name of the original creditor and some basic info. The FTC has made it clear that proper validation is when the debt collector obtains the documentation from the original creditor. They cannot just send you a letter on their own company letterhead and say "original creditor was Chase, you owe us this much." That does not fly. If anyone here actually thinks that the example I just posted is legitimate validation of a debt, then please send me your address...I'd like to send you a letter....