tst888 Posted October 11, 2006 Report Share Posted October 11, 2006 I received an initial letter from an attorney who is collecting on behalf of Citibank. They didn't even wait the full 30 days for me to respond or dispute and just immediately filed a lawsuit. I received a summons yesterday. Is this normal? Don't they have to wait 30 days for me to respond before they can assume the debt is valid and file suit? Link to comment Share on other sites More sharing options...
gt95stang302 Posted October 11, 2006 Report Share Posted October 11, 2006 No, they can file suit at any time in the initial 30 day contact period.After you have sent a DV via CMRRR, they have to cease collection activities and validate the debt. As long as they dont continue collection activity, they never have to respond. Link to comment Share on other sites More sharing options...
divemedic Posted October 11, 2006 Report Share Posted October 11, 2006 Even so, lack of validation is not a defense, but it does give you grounds to file a counter claim. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 11, 2006 Report Share Posted October 11, 2006 But probably not in this case, as I assume you did not timely DV before getting served. Forget the DV process now. If you have questions on the amount, how isit iscomputd or even if you owe it, you can raise your defenses and get discovery. Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted October 11, 2006 Report Share Posted October 11, 2006 I would still DV if you're within the 30 days. They must suspend litigation until they mail the validation to you or it violates. If nothing else, it could give you additional violations to sue on. Plus you can still request it during discovery. Link to comment Share on other sites More sharing options...
tst888 Posted October 11, 2006 Author Report Share Posted October 11, 2006 I guess more than anything I'm just surprised they filed so quickly. They didn't even wait a bit to see if I would settle. I don't have any assets, property, or income so it's not like they saw something they knew they could go after easily. Link to comment Share on other sites More sharing options...
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