Perhaps This Will be a Learning Tool
Date: Tue, 03/24/2009 - 08:54
I received a letter from an attorney in late February regarding an alleged debt. I responded to his correspondence with a letter invoking my rights under the FDCPA, primarily asking for validation of the debt. In addition, I made it clear I was represented by counsel and that any communication regarding this matter should be directed to him.
I sent the correspondence via certified mail with return receipt and received the delivery confirmation on March 2. Today, bright and early at 0700, I get a knock on the door from Mr. Process Server.
The attorney in question filed suit against me, which if memory serves, they can still do so even though you've asked for validation of the debt. Not sure on that - perhaps someone more knowledgeable can provide better information.
This attorney hasn't provided me or my attorney with validation and hasn't communicated with my counsel at all.
I'm not fretting because I know exactly how to deal with this guy. I doubt this case will ever see the inside of a court room. But there are people who have to deal with situations like this and don't know what to do and aren't aware of how to deal with it.
If anyone finds themselves in a situation like this, fight back!! I've told numerous collection agencies and attorneys that I will be at the designated place, at the designated time and I will defend myself vigorously. Do the same!
Chime in with your thoughts.
i always though that if you request validation, all collection a
i always though that if you request validation, all collection activity must be stopped until they validate it. this would include legal action. someone please correct me if i am wrong.
That's what I thought bea2ls - some clarification on that would
That's what I thought bea2ls - some clarification on that would be appreciated.
i do not have any formal knowledge on this but on the dv letter
i do not have any formal knowledge on this but on the dv letter i send (which I have gotten from this board), it states:
"If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist."
it was always my understanding from former advice given here, that this collection activity would include legal action. perhaps someone here can elborate?
The ca cannot continue collection activity....but there is nothi
The ca cannot continue collection activity....but there is nothing stopping them from selling the account off or forwarding to a law office where the DV process must start all over again.
that is true, soaplady.. i was under the impression that it was
that is true, soaplady.. i was under the impression that it was the same attorney's office doing this, but you are right, they can sell it.
i actually always wondered about this, if you send a dv letter, is it likely another lawfirm/collectors will sue you without inital contact?
Filing a suit is not collecton activity. The case itself is coll
Filing a suit is not collecton activity. The case itself is collection activity and validation will be presented during discovery if they think they have a chance of winning. Having an attorney is a plus because it levels the playing field. Judges are also attorneys and will very often side with their cronies if you enter a court room without representation. Not always but often.
thanks for clearing that up, frogpatch! for some reason i reall
thanks for clearing that up, frogpatch! for some reason i really thought they cannot file suit! that is scary stuff right there..
Thank you frogpatch for that clarification. There is however, th
Thank you frogpatch for that clarification. There is however, the matter of validation. Since the case isn't scheduled to be heard until June, does the attorney attempting to collect the debt not have to honor my validation request?
It doesn't seem like anyone can forgo the validation request, file suit and then present their evidence during discovery and use that as a means of meeting the validation request.
Of course, there's always the first step that I'll have my attorney take, which is to file a sworn denial. Unless the collecting attorney presents documents validating the debt, I'm of the opinion that swearing out a denial is the best way to proceed. I believe in denying the debt until someone proves it is in fact a valid debt.
Anyway, thanks to everyone that has responded. It's been very informative and helpful.
There is no time frame under the FDCPA for validation that I am
There is no time frame under the FDCPA for validation that I am aware of although I have seen several people say its thirty days but I see nothing in the FDCPA that says that. There are only 18 short sections. It is really not hard to read.