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Debt Validation: What If...


Natori23
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A collection agency or law office that has already threatened to sue does not validate your debt accordingly {as stated in your validation letter to them} or does not validate the debt at all {ignoring your request} still SUES you for a judgment? Is it possible for them to continue a lawsuit if they have not validated the debt first?

Also, here is the thread with the background on this topic: Link

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Grounds for a counter-claim? I have done some reading and it was stated that you do not file a counter-claim from the jump but use it as a last resort...do you recall any of that?

If you can find the link to what you read and post it here, that would be helpful. Perhaps the statement about filing a counter-claim as a last resort was special to that situation. I do know that filing a lawsuit as a plaintiff is regarded as a last resort. Not only does it apply the principle of using the path of least resistance, but it also helps your case if you have a stack of unanswered letters, a mini-cassette full of abusive calls, or improper DV.

Otherwise, if I were in that position, I would file a counter-claim with my answer without hesitation.

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Grounds for a counter-claim? I have done some reading and it was stated that you do not file a counter-claim from the jump but use it as a last resort...do you recall any of that?

If you can find the link to what you read and post it here, that would be helpful. Perhaps the statement about filing a counter-claim as a last resort was special to that situation. I do know that filing a lawsuit as a plaintiff is regarded as a last resort. Not only does it apply the principle of using the path of least resistance, but it also helps your case if you have a stack of unanswered letters, a mini-cassette full of abusive calls, or improper DV.

Otherwise, if I were in that position, I would file a counter-claim with my answer without hesitation.

Okay, I read that on this site after doing a search. I tried searching again and couldn't find the thread that stated the info. because there are just so many.

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Natori,

Yes, they can continue the lawsuit and the situation you described happens all of the time! Read through the threads and find examples on counterclaims which are filed along with your Answer. What will probably happen is that the Plaintiff will ask for a continuance to allow them sufficient time to obtain the necessary validation for the judge. It will not however mitigate the underlying debt. Filing suit before validating if done so timely could potentially result in a $1000 damage award if you can prove. Get your docs and green cards ready to prove to the judge you did in fact request in good faith they prove the debt and failed to do so. Bad debt buyers such as UNIFUND are notorious for this kind of stuff.

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