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FDCA issue. DV/Demand recieved after lawsuit filed. Demand is higher than lawsuit


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Due to the CA sending the initial contact letter to the wrong address I didn't get my DV out till after the 30 days on the date of the letter. (this is another issue don't worry bout this)

The above created the following timeline.

6/28 The JDB filed their lawsuit for 1000.00 which I didnt find out about till 11/7 due to wrong address issue.

7/3 The CA received my DV request

7/4 The CA sent back their validation with no mention of lawsuit and a demand for payment of 2300.00

would this be a violation of the FDCPA?

Edited by drummer55
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Addresses are always a point of contention, easily defended. They will argue that you failed to keep the original creditor informed of your current address, if there was a change. Therefore they worked with the last known address. What was the address issue?

hey Legaleagle I'd rather deal with the wrong address in another thread http://www.creditinfocenter.com/forums/there-lawyer-house/312170-inital-communication-wrong-address-fdcpa-story-request-info.html and keep this one to specifically the demand letter amount after a filed lawsuit and timeline question.

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To determine if particular conduct is a violation of a statute, the text of the statute and any court cases involving the statue must be examined.

when did you receive their letter and when did you mail dv request.

Was your first way of finding out about the alleged debt due to a law suit, or a letter.

Edited by BTO429
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To determine if particular conduct is a violation of a statute, the text of the statute and any court cases involving the statue must be examined.

when did you receive their letter and when did you mail dv request.

Was your first way of finding out about the alleged debt due to a law suit, or a letter.

6/29 I received their letter (first I heard about it)

6/29 I sent the DV

7/3 The CA received my DV request

7/4 The CA sent back their validation with no mention of lawsuit and a demand for payment of 2300.00 (1300 dollars more than their filed lawsuit)

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The issue of the wrong address is very easy. You have 30 days from the date you receive the communication from them, not when they mailed it. I always cite the date I received it in my DV.

The differing amounts leads to a very interesting thing. First is a defense as to improper amount, since they do not even appear to know how much the debt is. I would say they would have a very hard time arguing that one of the two amounts is a misrepresentation. You should be able to make a simple argument that on information and belief a violation has occurred.

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