Validation ignored and then attorney lawsuit

Hi!
Welcome to the forums!
You are right. They should have validated the debt? Did you sent the debt validation letter via certified mail? If yes, then you have the document to prove that the collection agencies/ creditors did receive your request to validate the debt. Since they have not bothered to validate your debt, you can send a cease and desist letter to them. As far as summons are concerned, you should contact a lawyer. He will help you to answer the summons properly.

Yes I used certified mail, I'm pro se, too much money for legal aid and not enough for anything else.
Yes I did a partial CD no phone but mail contact was okay, of course the CD was violated and it was addressed successfully.

What I'm curious about are people's experiences with the process and thoughts about the idea that intentionally ignoring VD requests is a violation of FDCPA in its own right as a method of confusing and deceiving the consumer.

A C&D at this point would be the wrong move. And there is no basis for a limited C&D. Its an all or nothing. Have you been served? Sounds like you had 2 CA's return the debt to Cap1 in response to your DV. No violation on their part if they did not continue collection efforts.

If you seek validation from one CA, get nothing and another CA attempts to collect the debt, that is not a violation of the FDCPA? With the CA #1 not validating the debt, it appears to be continued collection attempts when a 2nd CA attempts to collect.

Or are the two CA's that attempted to collect exempt while the OC is in violation for continued collection attempts while the debt is being disputed and validation is requested?

none of the actions you have cited above are violations. each collection agency needs to be DV'd individually. selling off an account is not continued collection activity.

Dave,

Sending validations requests to collectors is a strategical decision that should not be used as a universal tool when dealing with the collection process.

In some instances it leads to exactly what occurred with you. The assignee of capone files the validation request they received from you causing the account to be kicked back to capone. The process got repeated with another collector.

Validation requests are looked at as a legal question by some of your creditors. Your file is then reviewed by legal who flags the account for placement with an attorney who is authorized (even encouraged) to sue you.

What is your ultimate goal with your debts that you have been unable to pay? If you intend to come up with some kind of settlement your validation requests only complicate your efforts.

If you are simply unable to pay and trying to avoid filing BK and get to other side of the SOL for collectors to sue you, continuous validation requests are an option, but also create the very issue many folks are trying to avoid -being sued.

What is the amount of the suit? Have you filed an answer?

First off, there has been no violation here. Each individual CA is solely responsible for their actions. And the law DOES permit a CA to send the account back to the OC instead of validating it. That is not a violation of anything.

Second, there is no FDCPA issue when it comes to Cap One, as they are an original creditor and therefore not bound in any way by the FDCPA. That means there is no requirement within the law that Cap One validate the debt to you, either by themselves or through other debt collectors.

Third, Cap One as the original creditor doesnt even need to send a debt to other debt collectors before they file a lawsuit. They could legally file the suit without one CA ever touching the account. They make the attempt to collect without going to court first.

Fourth, since each CA is independent under the law, a DV letter sent to one has nothing at all to do with what the others do.

Fifth, the very first line of your post either contains an error, or Cap One no longer owns this debt in the first place. "only to be sued by the third" is not possible if Cap One still owns it, because only the owner of the debt can file suit. A debt collector that the owner hired to collect does not have the legal standing to sue you on this debt. So, if youre getting sued right now, and Cap One isnt the plaintiff on the suit, then you need to be asking about who exactly owns this debt, and you need to make them prove it if it isnt Cap One. Who is the plaintiff that has sued you? If it is a debt collector and not Cap One, then did you send them a certified DV letter before they filed the suit?

When an account is assigned to a CA by Cap One, it is there for a quick turn over. The CA is there to collect money, not to answer DV's or deal with cease and desists. The accounts are generally closed and returned immediately to CAp One for reassignment. You DV'd again....that right there is point that you are telling Cap One that you are being difficult or stalling and it is time for legal services to take over.

Did you have a specific reason for DVing? Did you use one of the stupid online DV's demanding all types of things that they dont have to provide

I just ran across this post while trying to google something else, I made this post very early on in my struggles, didn't know a whole lot about the whole deal at the time and had just been served and was getting my answer ready to submit.

I was sued not once but twice on two different debts, 3 of the 4 collectors they sent after me on the one debt were sued and paid to settle the FDCPA suits that we filed against them.

The one that got away was the very first one that called and I did not have it documented correctly or we would have had them too.

Both lawsuits were dismissed with Prejudice, we agreed to a settlement for less than I was getting in settling FDCPA claims so in effect the way I look at it they paid me to go away and the debt was eliminated.

When I made this post I already had an appointment with a BK attorney, he said go ahead and frog with them while we get the BK ready to go. SO thinking I had nothing to lose I jumped into it with both feet,

Now 20 months later there are only a couple other debts out there, most have been paid off with proceeds from the FDCPA suits as we go along and I never did file bankruptcy.