Short and sweet. Never received a debt validation notice. I will be sending the Attorney for Plaintiff a debt validation request because I was serviced a summons to answer a complaint. I'm not sure if the summons is a "notice" but if it is there was nothing within the noticed that provided the required validation noticed requirement so I am writing them to request it and also filing a complaint with the FDCPA. I only received one letter from the debt company and there is nothing on it all that offers the required notice.
I've had responses from some Attorneys saying the courts will not respond to the "I did not receive routine" Well, too bad. They have to prove it not me and it didn't happen. Letters do get lost. 5.5 Billion yes Billion letters not delivered as addressed per year!
They are not required to send a debt validation notice to sue.
See 15 USC 1692g[d]
They can send the summons and complaint as the initial communication, and not send the 30 day notice.
You can try the "I didn't get notice" claim if you want, but do not be surprised if the judges are not sympathetic.
They are likely to ask simply if you owe the debt. Be careful, because judges are not into splitting hairs in Virginia.
Claiming securitization or standing or something like that can backfire.
Letters do get lost, but that is not a defense to a claim that you owe money.
Yes, they have to prove that it is you, but that can be done. They can make it very unpleasant if you do not know what you are doing.
It is HIGHLY recommended that you seek competent counsel to represent you.
Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law, however, you should consult a lawyer in your geographic area for more detailed advice.
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