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What happens when the lawyer ignores a validation request and files summons w/ court date anyway. We received a letter from an attorney out of the blue from a credit card I had years ago. I thought it was fishy because of the lack of commuication before. I sent (certified) a letter requesting validation and have not heard anything back. They filed a summons and set a court date now. HELP!
If the lawyer do not respond to the debt validation request within 30 days of receipt of your letter, you should not pay them the money. If they file a summon, you should obviously file a response to the summon within 30 days otherwise a default judgment may be passed against you. However, you can produce the receipt that you have got while sending the DV letter, to the court on the hearing date and the judgment may be in your favor.
Yes, Anthony is right. Until and unless the creditor or the CA validates your debt, they cannot bring judgment against you. As per the fair debt collection practices Act, the creditor must properly validate your debt within 30 days of receipt of your letter, else they must cease collection of all debt from you. Proper validation would mean that the CA must send you all documents which will prove that the debt has either been sold off to him or the right to collect the debt has been transferred to him by the original creditor. If the debt is still with the original creditor, he must send you the copy of the signed credit card application along with complete payment history and the details of the debts you owe.
Same thing happened to me. In the summons they actually gave me the opportunity to send the attorney a letter in 30 days for DV. I have sent the letter but still havent recieved a response. I have mediation on friday. Should I just say you havent even verified that the debt is mine?
Hi Creditcard
If the creditor has not validated the debt within 30 days of receipt of your letter, you are not responsible to them for the debt. You can send them a second letter by certified mail telling them that they have violated the FDCPA provisions, by not validating your debt and they should immediately remove the listing from your credit report if they have listed it. There is no need for you to worry because the judgment will be in your favor if 30 days has already passed from the date of they received your validation letter.
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