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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by BrokeBob on Yesterday at 10:25:10 PM »
And this is exactly why I send the DV letter, especially if close to SOL.  It may take only a few days to get the validation to the consumer, but that does buy a little bit of time.

Generally (again, this could be rushed if close to SOL), they will wait some time to see if you are going to contact them after receiving the validation.

Another reason why I always do the DV close to SOL -- I always elect arbitration.  In some cases, a law firm will give me a deadline to file in JAMS or else they will sue.  I consider that a violation of the FDCPA.  Others do not.  I haven't had a case yet in which the other side has been willing to have an arbitrator decide that issue.

As I mentioned, getting the case into JAMS brings up the issue of which SOL applies. 
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by BellEbutton on Yesterday at 09:51:19 PM »
And …


All plaintiff has to do is include language in complaint to effect that complaint does not overshadow right to

DV.

That would be before the validation request has been sent.   A lawsuit is a debt collection activity.  If a timely DV is sent before a lawsuit is filed, no further collection activity (including filing lawsuits) can take place until the debt is verified.

The Ninth Circuit has observed that litigation is "consumer-debt-collection-activity." Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1032 (9th Cir. 2010)

The debt collector is perfectly free to sue within thirty days; he just must cease his efforts at collection during the interval between being asked for verification of the debt and mailing the verification to the debtor. Bartlett v. Heibl, 128 F.3d 497, 501 (7th Cir.1997).

If the debt collector chooses not to wait until the end of the validation period to commence debt collection litigation, an explanation of the lawsuit's impact — or more accurately, lack of impact — on the disclosures made in the validation notice must be provided. This explanation should be set forth in either the validation notice itself, or in a notice provided with the summons and complaint. The best practice is to provide an explanation in both the validation notice and the summons and complaint. Clarifying that commencement of a lawsuit does not trump the validation notice will come at little or no cost to debt collectors and will ensure that the consumer rights secured under the FDCPA are not overshadowed or contradicted. Ellis v. Solomon & Solomon, P.C., 591 F.3d 130, 137 (2d Cir.2010).
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by Bubbles on Yesterday at 09:31:58 PM »
And …


All plaintiff has to do is include language in complaint to effect that complaint does not overshadow right to

DV.
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Arbitration / Re: being sued by Zwicker/American Express
« Last post by tvaughn on Yesterday at 09:02:04 PM »
My objections have been sent.  Will post back with any updates. 
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by Flyingifr on Yesterday at 08:57:22 PM »
I don't think this is true.

Do you have case law, federal statute, etc. to support?

Fair Debt Collection Practices Act Section 809(b):

"(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor."
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by Bubbles on Yesterday at 07:57:31 PM »
I don't think this is true.

Do you have case law, federal statute, etc. to support?


Once receiving a timely DV request, a debt collector cannot file suit until the debt is validated.
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by BellEbutton on Yesterday at 07:25:24 PM »
DV does not a buy anything in terms of SOL.

Plaintiff is free to file any time they want.

Once receiving a timely DV request, a debt collector cannot file suit until the debt is validated. 
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by Bubbles on Yesterday at 06:52:40 AM »
DV does not a buy anything in terms of SOL.

Plaintiff is free to file any time they want.
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by BrokeBob on Yesterday at 03:14:46 AM »
It's for a Hooters mastercard, Merrick is the bank that it is the actual issuer. They are the OC, and they still own it, it wasn't sold.

My dunning letter was from a local CA representing Merrick. The letter WAS from a CA, although a collection attorney seems to share the same address...so that is/was where my fear about a suit comes from.

Still within the 30 day window of receiving the initial letter, have heard zero else & I haven't responded in any way yet.

I have zero assets, no income, am unemployed, and all are easily proven.

OK.

Just how close to the SOL are you?  A few weeks?  A few months?

If this is a CA doing the dunning, I would still send a DV letter, and wait until the 30 days are ALMOST up.  That buys a month.  They cannot do any more collection activity until they validate.  Sometimes they will, and sometimes they won't.  if they won't, you are OK.  If they do validate, your strategy at this point depends on how close you are to the SOL.  Since I don't know, I can't answer. 

Generally, the only time you are in serious danger when you are very close to SOL is if a law firm has it. 

The usual scenario for collection is this:  they send the dunning letter.  You wait almost a month, then send your DV.  You wait for their reply.  They validate.  They wait a few weeks or more to see if you respond.  Then they send it to a law firm or not.  If the law firm gets it, usually the law firm sends a dunning letter, and so on.  By this point, it can easily eat up 3 -6 months of time.

BUT, if they are very close to the SOL, they might want to hurry things. 
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Arbitration / Re: Will Merrick follow into arbitration?
« Last post by Clydesmom66 on Yesterday at 03:01:35 AM »
I have zero assets, no income, am unemployed, and all are easily proven.

None of which is a defense to the lawsuit legally.
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