Re: Arbittration can I still sue?
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Posted by Drew
(24.59.27.46) on February 06, 2004 at 20:11:29:
In Reply to: Arbittration can I still sue? posted by Edna on February 06, 2004 at 20:05:10:
No arbitration does not override FDPA. HE has to still provide validation and unless he does so and he still continues to try and collect, he is in violation. You can countersue him for FDCPA violations for failing to validate debt. Keep a paper trail (send all correspondence certified mail, return reciept requested) and log all calls. Get a recorder. Until he validates, all calls that he makes, all letters that he sends, all attempts to serve you are violations of FDCPA. Also if he falsely enters something on your credit report while you requested validation. In addition, I was informed yesterday by a lawyer who visits this board that some states even have their own version of FDCPA and FCRAs that will probably allow you to sue them under the state statutes and collect even more. I would contact a consumer attorney in your state www.naca.net and see if you can get recommendations. In the meantime, they didn't validate, you don't know anything. It is up to them to prove it. Good luck.
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