Re: Sueing during the validation process
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Posted by LadynRed
(199.91.33.254) on February 13, 2003 at 16:27:51:
In Reply to: Re: Sueing during the validation process posted by lawguy on February 13, 2003 at 16:09:19:
From the FTC Berger Staff Opinion letter (1997): "2) We interpret the "thirty-day period" as a period within which consumers must dispute their debts in writing in order to avail themselves of their Section 809(b) rights, but not as a "grace" period. Thus, we believe that there is nothing in the Act that prevents you from filing suit during this period, so long as you do not make any representations that contradict Section 809(b). " BUT, in the Castle letter they state:
"In answer to question #2: in view of the recent Supreme Court case, Heintz et al v. Jenkins, (No. 94-367; 1995 U.S. Lexis 2840), decided April 18, 1995, which considered litigation activity to recover a debt to be "collection activity" covered by the FDCPA, it does not appear that a debt collector may attempt to reduce a disputed claim to judgement without obtaining the verification required by Section 809(b)." I realize these Opinions hold no specific weight in court, but they can be considered. While trying to argue an FDCPA violation in small claims won't work, it does seem to work if you bring up your rights under Section 809 in small claims to force a collector to PROVE its your debt. THEN you counter-claim for FDCPA violations.
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