Jump to content

Violation of 809 (a)

Recommended Posts

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]

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.