Re: Sueing during the validation process

Posted by lawguy (151.205.69.193) on February 13, 2003 at 17:15:44:

In Reply to: Re: Sueing during the validation process posted by LadynRed on February 13, 2003 at 16:27:51:

I just read the Heintz decision on Westlaw. Based on that decision it would seem that filing a lawsuit prior to verification (upon request) would be a collection activity, and thus a violation of the FDCPA.

However, thats not enough to prevent the filing of the suit. The FDCPA is not a "limitations" statute; i.e. a procedural law limiting a right to bring a suit. In fact, it cannot be with regards to state courts, as that is purely within the function of state legislatures.

And also, if a debt collector could not bring suit until verification, it would deprive the collector of his constitutional right to due process, i.e. to be heard in court. A debt can be proved in court by means other than verification satisfactory under the FDCPA.

lawguy

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