Jump to content

Can I file a motion to dismiss for lack of validation?


Recommended Posts

I am being sued by LVNV for credit card debt. When I first received a Dunning letter from the attorney representing LVNV , it was the 1st time I had ever heard of either entity. I sent of a validation letter to both LVNV and the attorney. I have proof of delivery to the attorney . I never heard from either party until 6 mos later when I was served a summons. I have answered and I have a court date in Lake Co IL for court appointed arbitration. Can I file an effective motion to dismiss for failure to validate?

Link to comment
Share on other sites

Most judges will not recognize the "cease collection" letter ruling under the FDCPA.

However, in Lake County, IL anything is possible. Very liberal judiciary.

I'd give it a crack. You might run into a very pro consumer judge that just may do it.

Just say "look judge, I have no idea what this is about and they refused to produce simple documentation under the FDCPA. Their claim is purely frivilous."

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.