Debt collection call after filing complaint?

They own the debt, they can sue as they please. Having made contact with the debtor over the phone, I believe now they are now required to mail a letter within 5 days. The attorney is not required to make contact with a debtor prior to suing, they are required to follow the filing court's guidelines when serving a summons.

Actualy according to the federal law you must contact them in writing not by phone. I think the reason is that then you have proof that you attempted to validate the debt before they can file suit. As I have stated before ck you states statute of limitations on debt, if they try to collect after that date them you don't owe.

Thanks -- it's so great to hear from people in the
know! [he is in California by the way]

Unfortunately some of the text doesn't show on
these replies --I can guess what the missing words
are but is this fixable by the moderator??

Yes I realize they can sue at will-
However- the debtor never received the 5 day
notification after that first call.[it's been
2 weeks]
So he has put a letter of validation together
reminding them that they have violated his rights
under the Act by calling him.
The SOL was Feb 2007 - date of filing complaint.
Now in the answer to complaint - can
the debt collection violation
be used as a motion to quash? [instead of
answer to complaint]

Actually he can file counter-claims for the violations or he can file seperate suit in federal court.

And yes, Collection attorneys are bound by the fdcpa, and must also provide written notice, and allow for the consumer to respond or request validation as outlined in the FDCPA. They cannot simply go streight to court with out any prior communication.

LCW thanks so much!
Ok but they did go straight to court-
any suggestions that I mention it in the validation letter? I have it ready but just read this reply.
What can I do to get them to dismiss the complaint?
Answer is due on April 16 ....
Should my friend just use the violation as an "affirmative defense" to get the suit dismissed?
Or should he file a motion to quash re/the violation?

aarggh There has to be a special hell reserved for these types of collectors.

So, when it comes to trial, this debt's SOL would have run? It seems that your friend has done some research into his rights. Cajun is right, if anything I would file a counter claim. These people alway hope that people like your friend won't turn up, and win by default. That's one way they play the game. If they never sent a notice after the first call there's a violation. They can't just make a call and then file a complaint. They also can't answer a letter of validation with a summons.

Ie., Spears vs. Brennan, in which Brennan filed a claim before the 30 days was up to dispute the debt, to try to get a judgement by default.