Lawsuit filed before 30 days for me to request validation was up....is that legal?

[DebtLawRookie]

By the JDB's own admission in the complaint, (stating when they sent me a dunning letter), the complaint is date stamped and filed by the courthouse before the 30 days had been reached. Isnt this an FDCPA violation? If so, how do I go about using it? I've already answered and I didnt file a counterclaim. So can I amend the answer with the CC or should I just start a new lawsuit at the federal level and file my own complaint against the JDB for violations?

I was even thinking maybe I could file a motion to dismiss since proper procedure wasn't followed in bringing the lawsuit against me. Is that a possibility since they filed too soon?

This JDB didnt even have a business license to practice in my state for the full 30 days before starting the lawsuit.

[LadynRed]

It's not illegal for them to sue you. Some will sue you right from the start, as soon as they get their hands on the account. All you need to do is make them prove the debt is yours in court.

[willingtocope]

The FDCPA says that if you don't request validation within 30 days, they can assume the debt is valid. It doesn't say they have to stop trying to collect while they wait for you to respond.

Did you request validation within 30 days?

[DebtLawRookie]

I never got a letter from them giving me the chance to request validation. But you know how they are, they can say they sent it since theres no proof/signature required. I just thought since the 30 days wasnt up since they stated they did send it, I may have something. Oh well, back to the drawing board.....thanks for the fast responses.