Validation letters

[everyseason]

We have sent our validation letters out (certified) and are now starting to receive them back. To no surprise we have one that just sent a handwritten “we have investigated your claim and find you liable” with not other proof letter. My question is:

If we file a summons and complaint, do they have the right to Validate during that time and what happens if we find that we owe this debt. Do we pay at that time or what grounds do we have taking them to court other than they didn’t provide validation within the 30 day time frame? Are we out the $65.00 and just pay them?

Also what happens if they do not respond to the summons and complaint but show up in court with the documentation?

[ghacorp]

You are asking a lot of strange questions. If you file a complaint you are suing them and they will be compelled to answer the complaint and if need be appear in court. If you that occurs and they produce proof (discovery) you are liable for the debt you could held liable for attorney fees and costs in addition to the debt. Generally attornies send dunning letters with attachments stating you have 30 days to request verification of the debt and that they are compelled to provide you the relevant facts. Once they have done so they may commence collection proceedings. At that point if you are responsible for the debt you know what they have. If not, you will have evidence to dispute the claim in court as well as possible counterclaims.

[Raysway]

If it is your intention to seek a suit against them, it would be in your best interest to build more of a case against them. Send a second, more stern DV. Was your DV timely? Is this on your CRs? If so, did you 1-2 punch them? Is the debt still within your state's SOL?

[Recovering Attorney]

It is not a violation if you DV a CA and they do not answer in 30 days or any time. It is a violation if you send a DV within 30 days of getting the first communication from them and they continue to collect without validating to you.