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cybercrusader

Violation of 809 (a)

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Situation: I am currently being sued by a collection agent who I never heard of. I never got an initial communication as per section FDCPA 809(a). In other words, I never had a chance to dispute/validate the debt.

I've since sent a validation letter, but have not heard a response or got the green card back. It's been over 15 days. Tomorrow, I'm re-sending the letter via FedEx, Priority mail and fax.

I've consulted with an attorney regarding filing a countersuit and basically, he told me the collection agent DOES NOT need to notify the debtor. According to him, notification of default by the original creditor is enough. I am not sure I agree with this.

There is absolutely a doubt as to the validity of the debt. I pulled my credit report and have found a heap of incorrect information. In fact, the original creditor has me listed for another active and up-to-date credit line THAT ISN'T EVEN MINE. It gets much better. I am listed as being employed by a company I never heard of in another state. According to them, I was hired when I was 12!!

Clearly, there are major inaccuracies on my report. Somebody has me confused with someone else. Of course, this will be my defense when I get to court. However, I want to file suit against the collection agent for not giving me due process.

Has anybody done this successfully (suing for not notifying) or does anyone know where I can find some more info on this?

[Edit by cybercrusader on Sunday, December 22, 2002 @ 10:13 AM]

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You better look at Sprouse vs City Credits. A google search using that term will locate the case.

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Bingo!

Thanks for the case. So what's the point of the 30 day rule if a collection agent doesn't have to prove when the clock started running?

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