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  1. #1
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    Default Will Your Dispute of a Debt Stop an Ongoing Collections Lawsuit

    If you are being sued for a debt, can you dispute the debt and demand verification of the debt? Will your demand stop the lawsuit from going forward?

  2. #2
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    Default Re: Will Your Dispute of a Debt Stop an Ongoing Collections Lawsuit

    This question appears to contemplate two different issues: The right to dispute a debt (and potentially stop collection activity) under the FDCPA, and the right to make the plaintiff prove the validity of the debt within a collections lawsuit.

    A timely demand for verification will stop further collection effort under the FDCPA, but that will not have any impact on a lawsuit that is already pending.

    Within the context of a lawsuit, the defendant may dispute the validity of the debt. The plaintiff must prove by a preponderance of the evidence that the debt exists, that it is owed by the defendant, and the amount of the debt. Those issues will normally be resolved over the course of litigation.

    If a defendant seeks discovery in relation to the validity of the debt, and the plaintiff either fails to respond or responds with documents that don't support the claims made in the complaint, then the plaintiff can seek further relief from the court, potentially including a motion for summary disposition. The defendant may thereby potentially "stop" the lawsuit by prevailing prior to trial.

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