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I disputed a debt in writing w/in 30 days and never received validation. How long do they have to produce it?

Nashua, NH |

I disputed a debt in writing within 30 days of receiving notice. I sent the request return receipt requested and I have a copy of the letter and the return receipt. I never heard back from the alleged creditor's attorney. They turned it over to another firm who filed suit. Five months after my initial request, the second firm sent the requested documentation.
1) Is there a time limit for the creditor to supply the requested verification of the debt?
2) As the FDCPA states that all collection activity must cease until the debt has been verified, did they violate the act by suing me before providing the verification?
3) Is the case subject to dismissal for either (1) or (2).

Please hurry. I go to court tomorrow.

Attorney Answers 1

Posted

To your question 3, the answer is no.

Even if there are FDCPA violations, which is by not means certain, (which would take too much time to explain here), the action to collect the debt, and your claim for and FDCPA violation are separate. A creditor can still sue to collect a debt even though you may have an FDCPA claim. The creditor still has the breach of contract claim for you not paying the debt. The FDCPA claim is related to possible collection violations.

Since you don't really elaborate on where you are in the process or the lawsuit, to difficult to elaborate further.

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2 comments

Asker

Posted

I forgot to mention that the 3 year SOL has expired. It expired in January 2013, 2 months after the FDCPA violation. According to FDCPA, they cannot continue collection activities (and a suit surely qualifies as collection activities) until they have satisfied the verification request.

Matthew Scott Berkus

Matthew Scott Berkus

Posted

Okay, now you are just baiting an argument. You have already made up your mind, so any comments to the contrary won't matter. Sorry. FDCPA is still separate. Now, assuming the SOL has expired, that IS a defense to the underlying law suit and that is what you should raise when you go to court (assuming you can prove it, SOL is an "affirmative defense", meaning, the burden is on you). However. an FDCPA claim is still a separate cause of action.

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