I sued PDMI. But did I wait too long to do it?

[Thisisit]

PDMI received my certified letter requesting validation on December 28, 2009. I filed a lawsuit against them for continuing collection efforts after failing to respond to my request for validation on January 27, 2011. Does the SOL clock starts ticking after the first 30 days or upon receipt of certified mail? If it is after 30 days then I'm within my rights to sue, barely making it by 1 day. If the SOL starts the first day they receive request, then I'm out of luck. Does anyone know the rule on this?

[Guest usctrojanalum]

It will go by the date they continued collection activity after the DV was received? What is the date that they continued collection activity? Them not responding to you within 30 days is not a violation of anything.

[BV80]

Did they send you the 30 day notice, and did you send the DV during that time?

[HobbesMG]

PDMI received my certified letter requesting validation on December 28, 2009. I filed a lawsuit against them for continuing collection efforts after failing to respond to my request for validation on January 27, 2011. Does the SOL clock starts ticking after the first 30 days or upon receipt of certified mail? If it is after 30 days then I'm within my rights to sue, barely making it by 1 day. If the SOL starts the first day they receive request, then I'm out of luck. Does anyone know the rule on this?

JDB has to stop collections during the verification. That starts as soon as the receive your letter, which i hope you sent CMRR. There is no requirement for time for them to respond. They can take 1 month, 1 year, never, but they cannot attempt collection actions until they respond. There is no 30 day rule for them. You have 30 days from receipt to send your verification request.

FDCPA section 813

( In determining the amount of liability in any action under

subsection (a), the court shall consider, among other relevant factors—

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional;

(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

SOL clock isnt something to worry about here. The FDCPA allows you 1 year to file for violations. What you do need to be able to prove is that the collection efforts have continued since they received your letter and it has been frequent and persistent. The court probably wont be open to you saying they contacted you the day after the letter but if it is still going on numerous times with no validation, a month or more after, then you should have a case.