TheBeeGuy Posted November 5, 2009 Report Share Posted November 5, 2009 I have been sued by an OC.Prior to filing suit, the lawyer sent me a dunning letter. I DV'd and never got validation.They filed suit so I have claims against the lawyer for continuing collection activity on an unvalidated debt.Is it legal for me to send the lawyer an ITS telling him that if the OC doesn't dismiss their claims, I will sue the lawyer? Link to comment Share on other sites More sharing options...
trueq Posted November 5, 2009 Report Share Posted November 5, 2009 But "continuing collection" in a case like this is not the most rock solid case to sue on over the FDCPA.This kind of FDCPA violation tends to make the court yawn if its the only FDCPA violation.Send it. See what happens. Attorney may not want the lawsuit hassle.If he comes back and offers "let's call it even", that would be a good offer.But make sure you answer the suit. Link to comment Share on other sites More sharing options...
TheBeeGuy Posted November 5, 2009 Author Report Share Posted November 5, 2009 The suit is answered already. I just wanted to make sure they couldn't call it extortion or something since the FDCPA issue with the lawyer is technically separate from the underlying debt. Link to comment Share on other sites More sharing options...
TheBeeGuy Posted November 6, 2009 Author Report Share Posted November 6, 2009 So is the general consensus that I'll be ok with this approach?Sorry, but I really don't want to end up with criminal charges against me over something like this. Link to comment Share on other sites More sharing options...
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