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  #1  
Old 08-16-2003, 12:14 AM
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Join Date: Jun 2001
Posts: 12

Collection Attorney Out to Kill.


What is the name of your state? Indiana

I received a summons today regarding some old medical bills. I need to know if they are allowed to take legal action against me without first giving me 30 days to have the debt validated. Nothing was mentioned regarding validation. I have not heard anything from this collection agency in at least three years until I found the summons on my door. Are they required to inform me of my rights to request validation of this debt since I haven't heard from them in three years? Isn't this a violation of the FDCPA? Somebody please help. Thanks.
  #2  
Old 08-16-2003, 09:38 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
They are only REQUIRED to give you the 30-day validation notice on their FIRST communication. If that was 3 years ago, they met their requirement. However, that does not prevent you from demanding validation NOW, there is NO TIME LIMIT for you to request it. Just don't include that in your Answer to the Summons. Send the DV letter to the lawyer separately and make sure you send it certified, RRR.

What you need to do now is file your Answer to their Complaint - and deny as many of their allegations as you can, otherwise they just ask the court for summary judgment.... and you lose.
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  #3  
Old 08-16-2003, 01:21 PM
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Join Date: Jun 2001
Posts: 12
Thanks for your reply. If I request validation are they required to respond? If they do respond I am sure it would be with a computer printout at best. I have read this isn't considered adequate validation. What is your opinion on this? If you could please tell me where I can find info. on the s.o.l. for med. bills. Thank you.
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