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  1. #11
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    "All the verification affects is the continued attempt to collect on the debt. As long as they did not attempt to collect on the debt, which suing you is not considered to be within,".......If the debt collector can not validate the debt, and therefore cannot collect the debt, what is the point of suing?

  2. #12
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    Quote Quoting johnb123
    View Post
    "All the verification affects is the continued attempt to collect on the debt. As long as they did not attempt to collect on the debt, which suing you is not considered to be within,".......If the debt collector can not validate the debt, and therefore cannot collect the debt, what is the point of suing?
    a CA may or may not be able to validate the debt but choose to not validate it. That does not prevent them from suing, especially if they can prove the validity of the debt when it is needed; in court.

    additionally, many CA's sue with the hope the defendant will not respond to a valid service or will not defend the claim so the plaintiff obtains a default judgment.

  3. #13
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    I understand about suing IF they can validate the debt. If they can't validate the debt, there's no reason to sue, especially if you show up in court and request validation of the debt. Most debt collectors, who bought the debt, don't have anyway of validating the debt. It cost them time and money, so they'll move on to someone easier.

  4. #14
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    You aren't listening. Validation means nothing to the court action. Validation is purely a step in verifying credit reporting irregularities. They are NOT obliged to provide you with any VALIDATION before they file charges. They didn't even have to report to a credit bureau before they did so (many debts do not). You (well, your lawyer) can request discovery of the particular of the EVIDENCE they will present in court which will be used by the court to determine if you indeed owe the debt.

  5. #15
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    If a consumer makes a timely request for debt validation and a debt collector fails to provide proper validation or does not respond at all, the debt collector may not legally continue to pursue the debt. If collection activity continues, the consumer may file a law suit in state or federal court for violation of the FDCPA (see Fair Debt Collection Practices Act for discussion of FDCPA law suits)

  6. #16
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    Right. There is a potential FDCPA claim that has zero impact on the existing debt collection lawsuit.

  7. #17
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    "the debt collector may not legally continue to pursue the debt. ".....so a debt collector is going to sue for a debt they can't legally collect????

  8. #18
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    A junk debt buyer is NOT subject to FDCPA. That applies only to collection agencies collecting for other parties.

    Get off your high horse. Validation is NOT an issue here. You will have to defend your case on the evidence, not some imagined techincality.

  9. #19
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    flyingron;675355]A junk debt buyer is NOT subject to FDCPA. That applies only to collection agencies collecting for other parties.
    JDB's are subject to the FDCPA but it still does not do what john wants it to do.


    http://www.ftc.gov/os/statutes/fdcpa...s/arbuckle.htm

    In sum, it is our view that a party that obtains consumer obligations in default for the purpose of collection is a "debt collector" under the FDCPA, even if that party actually purchases the accounts from the original creditor.

  10. #20
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    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    jk, the letter on the page you site is from December 22, 1993...way out of date. Do you have anything current?

    - - - Updated - - -

    Flyingron: Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

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