fred_perkins Posted April 7, 2009 Report Share Posted April 7, 2009 Question: Can a collection attorney file suit against a creditor BEFORE the end of the 30-day validation period?Background: An attorney in NY sent a dunning letter to me, dated on the 15th and postmarked on the 16th. Apparently he also signed a Verified Complaint on the 15th and filed it with the county court on the 19th of the same month.Aren't they required to wait until after the 30-day validation period? Would this constitute grounds for an Affirmative Defense? Link to comment Share on other sites More sharing options...
henry1018 Posted April 7, 2009 Report Share Posted April 7, 2009 I don't think so but it would constitute an FDCPA violation Link to comment Share on other sites More sharing options...
nascar Posted April 7, 2009 Report Share Posted April 7, 2009 Question: Can a collection attorney file suit against a creditor BEFORE the end of the 30-day validation period?Background: An attorney in NY sent a dunning letter to me, dated on the 15th and postmarked on the 16th. Apparently he also signed a Verified Complaint on the 15th and filed it with the county court on the 19th of the same month.Aren't they required to wait until after the 30-day validation period? Would this constitute grounds for an Affirmative Defense?The 30-day period is not a grace period. The collection attorney can file suit whenever he wants. Now, if you have requested validation, and he files the lawsuit after receiving your request - and before answering it - he has violated the FDCPA. But, that does not give you a defense to the lawsuit, only a cause for a counterclaim. Link to comment Share on other sites More sharing options...
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