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Recently received a summons and based on what I learned here we sent the DV letter, answered the summons denying it, stating that it has not been validated.
So its been about a month since the summons date, and we havent heard anything from the court yet. Also havent heard anything from the CA in response to the DV letter and that has been about 6 weeks. But we got a letter from the CA's lawyer stating that they are calling the court on July 1st to set a trial date.
Anyone heard of this before? Or have any advice how to proceed from here?
Thanks in advance.
Hi Hammer,
According to the Fair Debt Collection Practices Act, a collection agency (CA) cannot bring judgment against you, if they have not been able to validate the debt. If the CA moves the court, you will receive a notice to appear for the hearing. You should provide the court, a copy of the debt validation letter you sent to the CA. You must also mention that you have not received any reply to your validation request. The court may dismiss the case, based on the CA's failure to comply to the FDCPA.
Keep me informed about any progress.