johnransom Posted January 8, 2005 Report Share Posted January 8, 2005 Citibank has apparently filed suit against me, although I have yet to be served. A month or so ago they hired a local law firm as a CA; I DVed them and they failed to validate. I suspect that this same firm is representing Citi in the suit. My question is this - can an entity that has failed to validate represent the OC in a suit? Link to comment Share on other sites More sharing options...
c m chase Posted January 8, 2005 Report Share Posted January 8, 2005 Sure....they do it all the time. But that's where you need to bring that up. Remember, this law firm (assuming it's the same one) is a debt collector and is subject to the FDCPA...which means you might have some counterclaims on them (including continued collection activity prior to validation).How do you know they've filed if you haven't been served yet? Link to comment Share on other sites More sharing options...
johnransom Posted January 9, 2005 Author Report Share Posted January 9, 2005 I know because several attorneys have written me offering representation and citing the case number, plaintiff, and in one case the amount of the debt.To my knowledge, the CA has not done anything else to attempt collection. Link to comment Share on other sites More sharing options...
willingtocope Posted January 9, 2005 Report Share Posted January 9, 2005 You should probably check with your local clerk of courts to see if the case has already been scheduled and/or heard. Lots of CA lawyers claim that they've served you with a summons, and you didn't reply, so they get a default judgement before you even know what's hit you. Its not legal, but it does happen.Chances are if attorneys are offering to defend you, there's alread a hearing scheduled. Link to comment Share on other sites More sharing options...
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