sued before debt validation received
Date: Sun, 09/12/2010 - 17:54
I don???t know if that matters but I sent the validation letter after I received the summon. However the validation letter was sent in less than 30 days of the first collection letter they sent me claiming I owe them. My question is, what???s my case here and course of action, should I file a counter-claim? Can they sue me before they validate the debt?
Thank you for this great site.
So, you received a summons to appear in court before you ever re
So, you received a summons to appear in court before you ever received a Dunning letter or phone call?
I received the dunning letter, 20 days later I received the cou
I received the dunning letter, 20 days later I received the court summon.
I was under the impression you have 30 days to dispute the debt from the day you receive the dunning letter. And the letter is stating so.
Thank you.
You do, but that doesn't mean they can't pursue legal action dur
You do, but that doesn't mean they can't pursue legal action during that 30 day period. Collection activity is allowed to continue during that 30 day period unless or until the debt has been disputed. It looks like they beat you to the punch.
Your DV letter will not help now that they filed complaint. You
Your DV letter will not help now that they filed complaint. You are still entitled to the sme information, but now you will have to answer the summons, and then motion for discovery to get it.
I do not think that is accurate. I believe you can file a Motion
I do not think that is accurate. I believe you can file a Motion to Dismiss based on the fact that your rights under the Faur Debt Collection Practices. It specifically states that first communication is not to be construed as filing pleadings with the court and you absolutely have the right to have the debt verified and if you already have representation by an attorney and have notified them of same they do not have the right to even communicate with you and must communicate with your attorney.
Lynnchase-- Read the original post again. Quote:I don’
Lynnchase--
Read the original post again.
Quote:
I don’t know if that matters but I sent the validation letter after I received the summon. However the validation letter was sent in less than 30 days of the first collection letter they sent me claiming I owe them. |
OP has clearly stated that 20 days before the summons arrived, he received a dunning letter from this debt collector. Therefore, no one here is claiming anything with regards to a summons being initial communication. They made initial communication with the dunning letter. Also, if you do a little digging, you will find the FTC staff opinion letters, and one of those letters states that the FDCPA does not in any way prohibit filing a lawsuit within the first 30 days. The debt collector, in fact, doesnt have to send you any letters demanding payment. They can legally sue you right off the bat.
Also, you are misunderstanding the FDCPA with regards to pleadings not being included as "initial communication". What the law is saying there is that pleadings are not considered initial communication "for the purpose of subsection a." This means that you have 30 days after initial communication in which to send written notice of dispute, and if you do that, it will stop all collection activity until they validate. The reason why pleadings cannot be included is because a DV letter cannot stop court proceedings. The law specifically makes it clear that the only reason pleadings are not initial communications is for that one purpose.