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Can a collection agency file a lawsuit against me before the 30 day validation period?

New York, NY |

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..

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Attorney answers 3

Posted

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.

Shaye Larkin

Shaye Larkin

Posted

Great response!

Posted

If you sent the validation request within the 30 day period then they cannot. If you have not they can still file suit.

Shaye Larkin

Shaye Larkin

Posted

Great response!

Posted

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.

ATTORNEY ADVERTISING: Past performance is no guarantee of future results. The foregoing statements and links are made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. You understand that there is no attorney client relationship between you and the Law Offices of Robert J. Nahoum, P.C.. The foregoing statements and links should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Anthony J. Pietrafesa

Anthony J. Pietrafesa

Posted

Agreed with Mr. Nahoum. They should have had a disclaimer on the summons or even in the complaint saying there are two timelines ticking, one for validation adn one for the court, with the latter being serious to you.

Shaye Larkin

Shaye Larkin

Posted

Great response!

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