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Debt Validation


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A CA with a lawyer is taking me to court. I sent them a request for a debt validation and they still have not responded to me and court is coming. Should I send it to them again? I have proof they received it but they did not give me a validation. What should I do? In court if they don't have my validation, how will I be able to defend myself in court.

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how will I be able to defend myself in court.

Since validation of lack thereof doesn't create a defense to a lawsuit, you need to look at the account itself. Why do you owe or not owe money to the party who is suing you and why or why not should they be allowed to collect it.

If you have no defense, and you just didn't pay, you have an uphill battle.

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A CA with a lawyer is taking me to court. I sent them a request for a debt validation and they still have not responded to me and court is coming. Should I send it to them again? I have proof they received it but they did not give me a validation. What should I do? In court if they don't have my validation, how will I be able to defend myself in court.

Thanks

To me dv is just buying more time.The CA doesn't have to validate it.Once it reaches court you can get what you want through Discovery.

Don't waste time and money sending any more dv letters.

Start looking for that summons and then answering it.:shock:

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Forgot to say. If you have already been properly served, what I said below applies. If you have not been served, for now, create a file with all correspondence and all info from any phone calls, including what was said. Don't bother sending them another DV as it is a waste of time. Normally, once a CA receives a DV, they must cease all activity until claim validated.

The suit may proceed without the validation. BUT, you would make it clear to the judge that you have disputed the debt with them, but, they have failed to provide you with the proper proof, as required. You would cite Spears v. Brennan, and, FDCPA 809© for your defense, which will have the court now asking for their proof of claim. If no sufficient proof is present, they most often continue until validity of claim is made.

To add, if they claim that the reason they did not respond to you because you did not dispute within the 30 day window, respond that their claim is in error of the laws. Read aloud, word for word, FDCPA 809(a)(3) (Have the entire 809 section printed out). No where does it say you cannot dispute after the 30 days. It only says they "may assume". Then add that it would be unreasonable to believe that the intent of Congress in their writing this section was to deny the consumer their right to dispute on the 31st day, yet, reestablish their right in court, as written in FDCPA 809©. It makes no sense, whatsoever.

If you are still going back and forth in discovery, you may want to submit this now to the court for consideration for their not respsonding, then, depending on their respsonse, go from there. If court denies postponment, you may enter it in court. Either way, you have a good argument. Also, if the court finds them in violation, it may offset the amount of your iability. For this, you must file a Defendant's Claim and have a violation.

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