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Should I DV once I receive summons?


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In my opinion, no.

The attorneys may ignore the DV and take a default. And changes in the FDCPA exempt the summons as an "initial pleading".

Answer it with denials and appropriate defenses, and ask for discovery. Better, look at naca.org for a qualified lawyer near you and get a good opinion of where you are.

I agree, with one correction, www.naca.net to find a lawyer near you.

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Remember that sending a DV does nothing for the suit, but does set you up for a potential lawsuit against the CA later on down the road. The cool part is, if you DV and they proceed with the suit, you can get them for the FDCPA violations- AND everything that they say in court can be used in the federal case.

Sending DV will not cause them to get a default. The only thing that can allow them to do that is failing to answer the summons. I am not saying to send DV instead of answering, I am telling you to DV in ADDITION to answering. You WANT them to ignore the DV request. That is an almost automatic check in your pocket.

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Wow! Thank you all for your responses....Here is my other questions. I live in Florida, but the lawsuit was filed in California. The summons was served to my mom. I stayed with her to help her after the surgery. Can I state that California has no jursidication over this case?

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Depends. Under the FDCPA, the suit MUST be filed in the county the debt was incurred in, or the county in which the debtor resides.

Under most state laws, they do not have jurisdiction over you form state to state. I would contact the court and explain to them that there is a jurisdiction and venue problem, and see how to file a dismissal.

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Someone had a link to the FDCPA changes, but I can't recall the thread. A complaint is a pleading, and no one serves a summons without attaching the complaint anymore.

I think the change in the FDCPA to exempt pleadings from the initial communication definition is to insulate the suing lawyer. I am not so sure a DV sent in response to a S&C will be honored nor form the basis for a continuing-collection violation, since it was not sent in response to an intial communication.

By all means, serve an answer to the complaint. Simply make a discovery demand along with the answer, asking for proof. That will do more than a DV will do anyway.

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Ok, I have prepared my answer to the complaint. Here is a little more information. They sent me a demand for payment letter. I also recieved on from a law firm in Florida. I received both demand letters within two weeks of each other. I sent a Cease and Desist letter to the law firm that is now suing me. There is no evidence attached to the complaint, just the pleading. Should I DV them or just ask for discovery in court?

Thank you all for the great information!

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Here are the amendments:

http://thomas.loc.gov/cgi-bin/query/F?c109:4:./temp/~c109CkzJIS:e128432:

legal pleading is not an initial communication.

Dead Link.

A pleading may not be communication, but a summons is not a pleading. Depending on how the new statute is worded (I haven't seen it yet) a summons may still be communication.

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