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LVNV C&D question


dankil13
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I've been following these boards since last December.

 

Last December I received a letter from a local attorney attempting to collect a debt that had been purchased by LVNV.  I DV'd the debt received a one line reply a few days later with original creditor and alleged amount (basically the same info in the letter).  I sent a C&D letter in December and in Feb I was served and after a continuance of our initial court date the suit was dropped by the attorney as LVNV had no documentation (the suit was filed without even a statement).  

 

Last week I started receiving collection voice mails from another attorney and Sat a written notice for the same LVNV debt.  The debt is now past the SOL (based off the information in the affidavit from the law suit).  I am wondering why my C&D wouldn't still be in effect given the attorneys are representing LVNV?  If it is, I will let them keep calling a few more times otherwise I will send them another C&D and tell them to pound sand.

 

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Did you send the C&D to the first set of lawyers or LVNV?  If you sent it to the lawyers then it is only valid for that law firm.  If you sent it to LVNV then it applies to LVNV and any law firm or CA they hire to collect the debt.

 

Just the lawyer who was representing LVNV.  I will send another C&D to both this time.  Thanks!

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@dankil13

 

If you're up for it, I'd see an attorney.   It's possible that a mere repeat of what you allegedly owe and to whom would not constitute validation.   In Graziano v. Harrison (3rd Circuit Court of Appeals), the consumer was provided with a computer printout of services that he had received.  The court ruled that to be sufficient validation.  You didn't receive anything close to that. 

 

It's also possible that LVNV might be held vicariously liable for the attorney's possible violation.   Especially since they had no documentation to support their claims in their lawsuit.  That might be a violation, as well.  It might depend upon whether or not discovery was conducted and LVNV couldn't provide any requested docs.

 

The FDCPA has one year SOL for violations.  You're still within that time frame.

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