In October 2009 I sent my debt validation request within the 30 days of receiving the 1st and only collection notice. I mailed by certified reciept and return reciept card. The collection agency kept the return reciept. 4 months later they sued me and stated that I did not dispute. I sent the court my sworn denial (sent a copy along to the collection agency) I attached to both a copy of the original debt validation request along with a copy of the certified mail stamp verifying the date. The case is set for the end of July 2010, in two months. The court has sent in a letter to attend non-binding mediation before the court date. I want to object to the mediation and in my letter to the court addressing my objection to mediation , I want to include" I respectfully ask the court to remove this case from the docket since I have requested twice for this debt be validated and the collection agency has not responded in any way to me or my request.
In each certified mailing the collection agency HAS kept my return reciept green card. The courts kept the one I sent to them also. Anyother time I have sent a certified mail, return reciept , the green return reciept card has always came back. IS THIS A VIOLATION OF A FEDERAL LAW TO NOT SEND IT BACK TO ME?
Repeating again, Can I be sued without the debt being validated?
They will try to sue you even if they don't answer, you need to keep copies of all correspondence with them, always send things certified, return receipt requested so you have proof that they received it. They need to prove that you owe the debt to them. If they are not responding but signing for the information then you may have some good evidence on your hands if they do take you to court.
debt validation
Hi userwaldo,
Welcome to this community :)
To dismiss this lawsuit you need to show proof of both the validation letters sent to the collection agency. However, can you tell when was the last validation letter sent? It would have been much better if you would've disputed this item with the credit bureaus.
You may even consult an attorney regarding this. No collection agency can sue you without validating the debt.
Thanks,
Aaron