Hi guys, I have written about this before. My husband had an account to buy tools that according to all of our records was paid in full but it got sent to a CA after he left the company he was working for when he bought the tools. We sent a validation letter and got a handwritten receipt with no payments and no signatures. We also received a printout from Quickbooks software with some payments showing but with a date after we requested validation on it. I never heard from CA again. One year later it showed up on his CRA so I sent a letter to the CA citing the FDCPA and that they had not properly validated and it was removed. A month later a new CA sent us a bill. At the time I was busy starting a new job and completely forgot like an idiot to send validation within 30 days. It has now been 3 months and DH has been served with papers for a lawsuit and he has 20 days to respond. Do I just have to eat it now? I feel so stupid about forgetting to send my validation. Thanks, Kim
You've the right to demand validation but, that's separate from answering the summons. If you have proof of payments, I'd deny the allegations and go to trial. At the same time, demand validation in a separate letter to the lawyer. In your reponse to the lawsuit, mention you've demanded validation and have yet to receive anything. They are supposed to stay legal action until validation is provided. http://www.licatalaw.com/articles/article_collection.htm
