Skip to main content

Is it possible debt collection agency can file lawsuit against me without validating debt?

Starkville, MS |

I received collection letter from Attorney,I requested debt validation letter within 30 days,today I received court summons.Didn't they violate FDCPA USC 1692g section b?.How can they file lawsuit without debt verification?

+ Read More

Attorney answers 3

Posted

Yes, looks like a violation. Contact a local FDCPA attorney.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

Posted

Debt validation isn't an impediment to a suit being filed, although it may act as a defense or a counterclaim. I would urge you to consult with an experienced local consumer attorney to assist you in this matter. Hope this perspective helps!

Posted

Just because you filed a FDCPA request, it does not bar the lender, or its representatives, from filing a suit.

You may be able to counterclaim.