Re: letter from lawyer
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Posted by LadynRed
(199.91.33.254) on January 03, 2003 at 10:31:28:
In Reply to: letter from lawyer posted by anon on January 03, 2003 at 09:33:19:
Yes, in their first communication they MUST include the mini-miranda notice (this is an attempt to collect a debt, etc.) AND your rights to ask them to VALIDATE the debt, usually saying you have 30 days to dispute. However, you can demand validation ANY time. If they failed to include the part about your righs to dispute and request validation, then YES, its a violation of the FDCPA. Sounds like a typical 'settlement offer', giving you x number of days to take them up on it or its retracted - its a tactic and the percentage they offer is usually pretty lame. Send them a validation letter and in it you include some verbage like this (which is what I've used): "I also reserve the right to initiate, at any time, an FDCPA action based on your failure to include a statement of my validation rights in your initial correspondence of November 20, 2002 or within five (5) days of same, as required by 15 U.S.C. § 1692g(a)(3). In the event you choose to not follow the law regarding collection of this account in the future, this paragraph shall be construed as due notice of my intent to initiate litigation against [name of collection agency/atty]in the courts of [your county and state]. Also, be advised that 15 U.S.C. § 1692g(b) prohibits you from engaging in any collection activity regarding the account referenced above between the date you received this validation request and the date I actually receive said validation." Yes, they can sue you FROM Tx, but the suit would have to be filed in NY.
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