Validation Ignored and then sued

I won't be able to tell you about the legal aspects. However, what I can say is that if they couldn't validate your debt, you're not liable for the payment. Once you're served with summons you should give a reply mentioning this fact. You can even contact an attorney who can further guide you in this matter.

If I were you, I would file a "Motion to Dismiss" the lawsuit, and say that a "condition precedent" to filing the suit was not met. Explain that you request DV, and attach a copy of the letter and the proof of delivery as an "Exhibit A" to your Motion, and explain that you questioned the debt and asked for proof because you did not recall it. Mention that under federal law, you are entitled to a response to this request before the attorney can proceed against you, so his lawsuit was premature. Then go to the court with it in person, and ask at the window how to request a hearing with the judge for your motion (because otherwise they may just leave it sitting there for months, and you need closure) and do what they tell you about setting a date for a hearing. Usually it just means filling out a Notice of Hearing form that they will give you with the date they give you, and then mailing a copy to the attorney who filed the complaint. Then be sure to show up, and tell the judge your story. It will probably be dismissed. If it isn't, then get an attorney to do it for you again.

But until you are actually served with the papers, the clock doesn't start ticking, so you don't have to act. However, since this attorney is sneaky, you may want to see if you can monitor your file online, to be sure they don't magically turn in a document called "Return of Service of Process" saying that you were served when you were not.

Hopefully this will help you, whether you try it on your own or take it to an attorney. Good luck!

Well, today I came home and there was this nice sticky note from a company calling themself LMI Couriers. After I looked it up, I found out they are a underhanded subsidiary of ABC Legal, and appear to be a service company. I guess they are going through with a lawsuit without validating a debt. I guess this should be fun. I will look through the posts, and get ready to answer the complaint.