Re: ca filed suit before giving 30 notice

Posted by Andrea (66.14.98.133) on February 12, 2004 at 17:07:56:

In Reply to: ca filed suit before giving 30 notice posted by Coupe on February 11, 2004 at 21:31:53:

If you are required to answer the Complaint (in small claims you may be required to show up at a Pre-trial Conference without a previously filed answer)then you answer by filing a Motion to Dismiss based on:

1. Plaintiff failed to serve Defendants with an effective Fair Debt Collection Practices Act Notice as contemplated by 15 U.S.C. § 1692g.

2. The service of said Notice thirty days prior to institution of a lawsuit is a condition precedent to Plaintiff’s right to bring such a suit.

This is a Federal Law and should hold up in any state.

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