A CA contacted me a few months ago at the office regarding a debt. I requested they not call the office. I immediately sent the validation letter. They signed for it. Got no response. (I didn't make a copy of the letter I sent, but I do have the greencard---i know..dumb me) I just got a telephone call from a processor server, bringing paperwork for this ca, they're suing me. WHAT DO I DO? I'm panicked now.
But I don't have a copy of the letter I sent? Does that count? I didn't know they called either. She even told me who she was, why she was calling and that I was being sued and who by. (I Told her I wasn't home she thought I was someone else) Which kinda pi**es me off. She didn't even ask who she was talking to, she just handed over the information! Another thing...don't I have to sign for the documents? She said she was going to just leave them in the door......which sounded strange.
Ok, now that I've had time to calm down, research some things and print out and review my copy of the FDCPA here's what I've come up with: 1 thing working against me: I'm still within the SOL Working for me: They never responded to my request for validation which was sent CMRRR. I spoke with my rommie's mom who works for a law office and she informed me that the only thing I need is the green card. It is up to the CA to produce the documentation they signed for, if they can't it's not my problem. At the time of their original contact, which was at my employment, I requested they not contact me at my office again. I followed that verbal request up with a written request in my request for validation. They called my office a week after I got the green card back. Additionally, I requested they report my account as disputed with the CRA. They only thing I'm not 100% sure on is the process by which the papers were served. I reviewed the laws regarding serving legal documentation but I can't quite figure out if I was supposed to "legally" sign for these documents or not. If she just left them laying in my door and no one was home...who's to say I ever got them in the first place...In which case do I just sit on this for awhile or do I file a response and counter sue? I have 3 violations..correct? (Continued Collection Activity, Failure to report disputed to the CRA and contacting my employment after requesting they not) Additionally, should I be filing a complaint with the FTC, Attorney General and BBB? Please..any and all input is greatly helpful and very much appreciated. I'm about to pass out over here from fear. Thank the heavens above for this board.
I think the process would depend on what type of court they were filing in. i don't know much about the legal part, but if they are truly suing you - you have one heck of a counter suit. don't forget violation #4 - they are being royal PITAs!
They're filing in a local district court. I wish I could stack on #4. Now that would be mighty nice....but I just doubled checked and being a PITA doesn't seem to fall under any violations.
A filing of a lawsuit after receiving and not replying to a DV is NOT a violation of the FDCPA, as legal actions can NOT be prohibited, and are NOT considered"continued collection activities" for the purpose of FDCPA violations. You sent a validation and cease and desist to a creditor on an account within SOL, their ONLY recourse was to file suit. You now have to file an answer and notice of appearance with the Court, or you will have a default judgment. It is POSSIBLE that they will be unable to produce sufficient proof of their claim, (if you answer and appear to fight their claim).It is POSSIBLE that you may actually have a SOL affirmative defense, so you should claim it anyway, even if you think you MIGHT be within SOL. My website, linked below, has a link "How To Answer A Lawsuit", it is designed primarily for past SOL debtors, however, the internal links should be of assistance to you.
Re: Re: Help! Being Sued?! I requested that they not contact me at my place of employment, nor on my cell phone. They were however free to contact me at my home or by mail at anytime. I requested PROOF that I owe them what they say I owe as I do not agree with what they claim. They failed to provide proof and went to the court on the 30th day for validation. That's still legal? To sue me because I want proof of what they say I owe? That makes no sense.
Re: Re: Help! Being Sued?! 809. Validation of debts (b) If the consumer notifies the debt collector in writing within the thiry-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall CEASE COLLECTION OF THE DEBT, or any disputed portion thereof, until the debt collector obatins verification of the debt or any copy of a judge, or the name and address of the original creditor, and a copy of such verification or judgement, or name and address of the original creditor, is maid to the consumer b the debt collector. I take that as I asked for proof, if they can not fulfill my request they must stop collection activity (which I would assume means lawsuits as well; because they're using that as their form of collection). Am I wrong? I plan on filing an answer. I additionally planned on coutersuing
Re: Re: Help! Being Sued?! The FTC has had numerous rulings on this subject. Essentially, unless someone has claimed in their "validation" request that they do NOT owe the debt, i.e. ID theft or fraud,or unless the debtor has sent legal notice that the claim is time-barred (past SOL) there is no prohibition or penalty involved in filing suit. They are prohibited from contacting you for collection purposes other than to advise you that they have filed suit. You can countersue if you wish, but unless they violated your cease and desist, they have no FDCPA violation.
