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  1. #1
    Join Date
    May 2011
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    2

    Default Debt Collection Suit, Failure to Demonstrate

    My question involves collection proceedings in the State of: Washington

    My wife and I were served with a civil summons recently over some very old medical bills that we had assumed a done deal and forgotten about. We have no paperwork, and I believe that if the debt is still valid, it is very near past the statute of limitations (7 years) and we're aware of no attempt whatsoever to collect on it prior to filing suit. It's a fairly sizable amount of money, and there's no way I'm paying it without a darn good explanation.

    I had an attorney draft a response and notice of appearance (just that, we're going pro se so far with this) denying the charges, and filed it with the court and mailed a copy to the plaintiff's attorney. We also mailed to the attorney a FDCPA demand letter requesting proof (within 30 days) of the debt and that it is not past the statute of limitations. We mailed both letters on 02/28/2011, and as of 05/10/2011, we've received no response and nothing has been filed with the court.

    What I believe this means is that the debt is now effectively wiped, whether or not it was ever valid, but I'm not sure how to proceed. The court case remains active.

    It occurs to me that maybe I should file something with the court. Can the court now hand down a judgement in my favor? Should I file something, such as a motion to dismiss, or something else? How long would it generally take for the case to simply expire if I simply do nothing?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Debt Collection Suit, Failure to Demonstrate

    If you believe you have a counterclaim for a violation of the FDCPA, you can file a counterclaim. FDCPA violations do not erase the underlying debt.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Debt Collection Suit, Failure to Demonstrate

    Quote Quoting Mr. Knowitall
    View Post
    If you believe you have a counterclaim for a violation of the FDCPA, you can file a counterclaim. FDCPA violations do not erase the underlying debt.
    I don't believe they've violated the FDCPA. I believe that since I've sent a demand letter, and since they have failed to respond, that they must now cease all attempts to collect (with I incorrectly interpreted as wiping the debt).

    However, upon re-reading the FDCPA rules about validation demands, I realize I'm not sure they are compelled to respond or cease collections. They've never contacted us directly (the summons is the only communication we've received), so we've never received a notification of our right to dispute the debt. Could they be trying to use a loophole to avoid having to validate the debt?

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