A jdc filed a lawsuit against me before the 30 day validation notice was up. Can they do that? The case is just starting and I've already answered but can I somehow include this detail?
To be specific they gave me 25 days before filing the lawsuit. The letter states: Unless you dispute the validity of this debt or any portion thereof within 30 days after receipt of this notice, the above debt will be assumed to be valid by this office. Should you notify this office in writing within 30 days after receipt of this notice that the debt or any portion thereof is disputed, we will obtain and mail to you verification etc..
The 30 days is not a " cooling off" period, If you HAD sent them a validation request within the 30 days, they violated the law. If you haven't. well, they can still sue you, but your chance to get validation hs not expired and if they ignore that they do so at their peril.
If you sent the validation request within the 30 day period then they cannot. If you have not they can still file suit.
If the debt collector failed to explain that the lawsuit does not diminish the 30 days validation period, then the lawsuit overshadows the 30 day notice and so may be a violation of the Fair Debt Collection Practices Act (FDCPA). I have written extensively about the FDCPA here: http://nahoumlaw.com/tag/fdcpa/
You should consult with a consumer attorney experienced in the FDCPA.
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