i sent it them a bunch of times by certified mail they never validated the debt now they are trying to sue me, is it not against the FDCPA? i thought they couldnt collect or sue if they couldnt validate the debt this is for a consumer debt
the debt wasnt validated in with in 30 days or at all, i sent the letters in time within the first days of the demand letter
I am not licensed in Texas but the Fair Debt Collecdtion Practices Act is a federal law and is much the same whether the client is in Texas or in another state. The lack of a valiation is only an FDCPA violation if the collector received notice of your dispute and either listed the debt on your credit report (that would be a violation of the Fair Credit Reporting Act) or the collector still continues to call despite the lack of validation.
Is the debt still owned by the original creditor or a junk debt buyer? It makes a difference. Collection agencies work for the creditor. When you dispute a debt the collection agency has to get the verification from the creditor. if the original creditor still has the debt, getting the verification usually is not a problem. It may take some time, but it is not a problem. If the debt has been sold to a junk debt buyer and has been passed around, then the current creditor may not have the validation at all. If they want it, they also have to pay for it from the original creditor. It is simpler just to ignore the request. I have also found with my clients that when I objected to the garbage that was sent by a junk debt buyer (it was not a proper validation) the junk debt buyer turned around and gave the debt to a law firm licensed where my client resides. The law firm intended on suing the client. Some states like Georgia do not require documents to be attached to the complain so a law firm can sue you on the dedbt even though there was no validation. In such case, if you want validation, you have to request it through discovery if you are sued. Other states like Pennsylvania or North Carolina require specific details from the verification (proof of acquisituion of the debt or a bill of sale from the creditor to the junk debt buyer and original creditcard statements) to be attached to the complaint.
If you are being sued, then you need to get up with a lawyer ASAP. I have colleagues who settle debts and who are licensed in Texas if you are interested; I have no idea what they charge. You need to find out whether the debt is past the statute of limitations. You also need the lawyer to file discovery on your behalf so you can get particulars about the debt. If its your debt and there is no statute of limitations defense, then you may consider whether it would be more productive to try and negotiate your debt rather than litigate your debt.
1 found this helpful
1 lawyer agrees
The failure to respond to a debt validation letter will allow the debt to be removed from a credit report. This is a violation of the Fair Credit Reporting Act. If the debt collector continues collection activities also then you likely also have a claim under the FDCPA also since they are continuing collection activities. You need to contact a consumer lawyer in your area and you likely have a countersuit against the creditor since they didn't validate the debt and didn't respond to the validation letter and they have continued collection activities.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.
Criminal Defense Attorney
Correct. If you say cease and desist in writing the collectors can only communicate with you in writing. Next they may try and file a lawsuit and serve you. Good luck.Do not pay them anything unless you feel that charge is valid. Otherwise in CA for example it resets the clock on Statute of Limitations.