The Players > Consumer Attorneys

CA Looking for a fight! It's on now!

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bmcinto01:
Received a collection letter from a CA representing a JDB. (OC is Citi). Responded with validation, no communication, arbitration election. Three weeks later they responded:

Final Notice. Since you haven't cooperated with us……..blah, blah. We may take legal action.

I responded: You haven't validated, alleged debt still disputed, I elect arbitration.

They never even validated the debt!!! Sounds like a violation and a threat? I'd say it's on now. Go ahead and bring it!

 1215

kennypowers:

--- Quote from: bmcinto01 on June 27, 2012   01:58:29 PM ---

They never even validated the debt!!! Sounds like a violation and a threat? I'd say it's on now. Go ahead and bring it!

 1215

--- End quote ---

In most states CA does not have to validate the debt.

E. Normis Debtor:

--- Quote from: kennypowers on June 27, 2012   02:20:06 PM ---In most states CA does not have to validate the debt.

--- End quote ---
They do in every state if they want to continue to attempt to continue to collect.

bmcinto01:
My understanding of FDCPA is, if you request validation and they don't provide it: Violation. That's federal, not state specific???

My state requires it in discovery, if it's requested, once it lands in court. Not sure about state validation requirements pre-court. Either way I elected arbitration, if they sue: Another violation!

E. Normis Debtor:
It is a federal law.  This all assumes the first letter was their initial communication and you responded within 30 days.

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