Re: LadynRed!!!!!! Question

Posted by Rlee from OH (199.35.116.193) on February 27, 2004 at 00:09:18:

In Reply to: Re: LadynRed!!!!!! Question posted by LadynRed on February 25, 2004 at 20:44:18:

I had a case where I had sent a validation request, never received a response, then they sued. Had my attoreny file standard answer, denying their alligations, ect. Courts set up a pretrial hearing, which I went to with my attorney. My attorney was old school and not up on FDCPA, so I showed the referee the FDCPA Law regarding continued collection activity after a failure to valadate and that it was a violation of that Federal Law. I stated that I was there mearely as friend of the court to let them know that I had sent a valid valadation request, that they did not validate, and that technically speaking, all parties attending except my attoreny and myself were now in the process of violating Federal Law. I stated that I understood that the courts were unaware of this, but that as of now they were, so untill such time as they (the plaintiff validates) all collection action, including continued litigation must cease as so stated in the FDCPA. The Referee was was dumbfounded asked the Plantiff if they received the valadation request (I was holding the green card) they said yes, and admitted that they did not valadate, but initiated the law suit. Meeting adjurned, Referee said he would send notice of a continuation of this pretrial hearing for a later date, and excused myself and my attorney. Three days later my Attorney got a Notice that the case had been dismissed.
Knowledge is Power
I loved it, this referee was initially set to put the preasure on me to talk about the alleged debt and work, as the usually do, for the plaintiff. I guess I had a surprise for him. He was not a happy camper when I left.
Rlee

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