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CA did not reply to DV letter; sent summons - What to do?

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cathy
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Subject: CA did not reply to DV letter; sent summons - What to do?

Thu Jun 25, 2009 8:56 am

I got a call from a collection agency on 12.05.09 collecting an old credit card debt of $5400. Within 2 days of receiving the call I sent a debt validation letter. The CA received the letter on 17.05.09 through certified mail. I did not get any reply to the DV letter. But yesterday I have got summons from court for the same debt. I don't understand this. Are they not being rude, I did not say that I would not pay. There must be a rule that says the CA should first validate the debt before filing a lawsuit. Does anyone have an idea?

rachael

Joined: 11 May 2009
rachael's page
Posts: 244

6581 Magic Points

Thu Jun 25, 2009 10:05 am

Hi cathy,

Now that you have been served summons from court, your first step should be to file an answer to the summons. You can use the fact that the collection agency did not reply to your "Debt Validation Letter", in your defense. You should provide the court with a copy of your "Debt Validation Letter" you sent to the CA. You can also use the receipt that was returned to you, as proof that CA received your DV letter (or the CA may argue that they did not receive your DV letter).

According to the Fair Debt Collection Practices Act, a collection agency cannot continue with collection practices, until they are able to validate the debt. You must mention in court that the collection agency is violating the FDCPA. It is possible that the judgment will go in your favor.

Good luck to you. Smile

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