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Can CA file suit without validation?


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They can go ahead and sue you. If you interposed a DV within the 30 days and they di dnot reply before suing you, you may have them on a violation of continuing collection activity. Remember, that is not a defense to the lawsuit for the underlying debt, but would likely best be interposed in a separate action, preferably in federal court.

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They can go ahead and sue you. If you interposed a DV within the 30 days and they di dnot reply before suing you, you may have them on a violation of continuing collection activity. Remember, that is not a defense to the lawsuit for the underlying debt, but would likely best be interposed in a separate action, preferably in federal court.

only if they did what's highlighted in Recovering's post

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Thanks for the info.I have never written an answer to a complaint and Im trying to find some help on what to say.Should I put all the cards on the table and tell the whole DV or keep the answer minimum and wait until court to produce all the documents.The original creditor was SBC phone and now they are AT&T.My whole collection is based on the fact that they were supposed to put blocks on my line and did not.When I talked to their billing they always said they were going to adjust the bill but they never did.I dont know if I can even supeona the old records.

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Originally posted by Recovering Attorney

They can go ahead and sue you. If you interposed a DV within the 30 days and they di dnot reply before suing you, you may have them on a violation of continuing collection activity. Remember, that is not a defense to the lawsuit for the underlying debt, but would likely best be interposed in a separate action, preferably in federal court.

Would "separate action" include Counterclaims?

By "preferably in federal court" are you suggesting that the local state courts would possibly not be as favorable in granting a judgment for federal violations as they would be for state violations?

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