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Hello and thanks for being here. What a great service you all provide.
Question: Can a collection agency go ahead and sue you BEFORE they answer your dispute letter? I got the initial notice from them and replied with a dispute letter. IT has been over thirty days but just today they served me with the suit. Of course it does not have the proof attached to it (of course they don't have it the morons) but they went ahead and sued anyway. Can they do that? Please let me know cause my plan is to call them up first thing on Monday and let them have it. Thanks!
Becky
Hi rebago,
Did you send your Dispute Letter through certified mail with a return receipt requested? Did you get the receipt, with the collection agency's signature, acknowledging that they received your "Dispute Letter"? According to the Fair Debt Collection Practices Act, if a debtor disputes a debt, a collection agency (CA) must stop all collection practices until they are able to verify the debt.
You can call up the CA to inform that you are disputing the debt. If you do not receive any valid response from their side, you must file an answer to the summons within the due date. You should provide the court with a copy of the "Dispute Letter", you sent to the CA. I think the court will ask the CA to verify the debt.
Keep me informed about any progress.
Yes, yes and yes. Even better yet I got a one line response letter from them saying they were contacting OC to get information (yea right). So they have acknowledged that I was disputing but yet they sued anyway. I think I will call them today and remind them that I was disputing. See what they say. Is it possible for them to cancel/quit/stop the suit? Not that they would but is that possible? I just got the summons on Friday so I have 30 days to answer. And yes, you bet I will include all prior communications in my answer and request for discovery. Thanks so much!
Hi rebago,
It is not possible to stop the lawsuit. You should also produce in court, a copy of the online response letter that the CA has sent to you. The court cannot bring judgment against you, until the CA is able to validate the debt.
Good luck to you.