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Dunning Letter Does JDB Have To???


TwoCents
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When a JDB purchases debt from the OC and the OC went through the steps of Dunning Letters etc is it required for the JDB to begin that notification process over again OR is it legal for them to just issue court summons, complaint as their first contact - Introducing the new company owner in the complaint?

Any help out there would be appreciated….Thanks

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A summons isn't a pleading, so if it comes to a debtor in relation to collecting a debt, it is a communication and not exempt under 15 USC 1692e(11).

Technically, a waiver of service of process would also therefore qualify.

Granted, CAs wouldn't usually be filing under federal, but just for the others who may be reading this (FRCP 7a), this is fairly typical:

"There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer."

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A summons isn't a pleading, so if it comes to a debtor in relation to collecting a debt, it is a communication and not exempt under 15 USC 1692e(11).

A true follower of Uncle Normie:

http://www.collectionindustry.com/forum/messageview.cfm?catid=11&threadid=6055

The remainder of your post is meaningless dribble.

How's that for flip and snarky :)

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I *knew* I'd read a thread on it earlier but I couldn't remember where.

While I agree that filing a complaint isn't communication with the debtor, once the summons is served, I'd be hard-pressed to say that communication hadn't occurred.

The twenty-day-to-answer-is-overshadowing, well, I hadn't thought of that, but it's also a really good point.

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