Anonymous Posted January 9, 2003 Report Share Posted January 9, 2003 Can a CA file a judgement against you without attempting to resolve the situation or contacting you first? Just curious, my account has been turned over to a second CA, they made initial phone contact, but no letter yet. Went through the whole validation routine with the first CA to be totally ignored by them. Just want to make sure I will get the chance to go through the validation process with the new CA. Can they file a judgement without having validated first? Link to comment Share on other sites More sharing options...
bingo Posted January 9, 2003 Report Share Posted January 9, 2003 You can't get a judgment unless, you file a lawsuit and then win the lawsuit. Sprouse vs City Credits is a Federal Court decision that says a CA a file a lawsuit prior to validating the debt but, if the consumer requests validation they must stay the lawsuit until validation is provided. Link to comment Share on other sites More sharing options...
Anonymous Posted January 9, 2003 Author Report Share Posted January 9, 2003 This is from FTC website opinion letters Mezines (03-31-00) If an attorney debt collector has had no prior communications with a consumer before serving a summons or other court document on the consumer, that document would constitute the "initial communication" with the consumer if it conveys information regarding a debt. The attorney would therefore have to include the written notice mandated by Section 809(a) (often referred to as the "validation notice") in the court document itself or send it to the consumer "within five days after the initial communication."But, the opinion goes on to discuss whether or not the validation notice is prohibited by some states in the wording of court documents. Link to comment Share on other sites More sharing options...
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