Unvalidated debt

[pierre94]

What is the name of your state (only U.S. law)? New York

I received a letter from a debt collector demanding payment for an alleged debt, so I sent them a Certified letter which noticed them that their claim is disputed and that I requested validation of the debt per the Fair Debt Collection Practices Act. I never received a reply. Now I've been summoned to appear in Court by this agency (Cavalry SPV I, as ASSIGNEE of CITIBANK, N.A.)

Can I file a Motion to Dismiss since they did not comply with the Fair Debt Collection Practices Act? Or do I need to file an Answer with an Affirmative Defense?

P.S. Why does it read "Consumer Credit Transaction" at the top of the Summons ?!?

 

[tranquility]

What is the name of your state (only U.S. law)? New York

I received a letter from a debt collector demanding payment for an alleged debt, so I sent them a Certified letter which noticed them that their claim is disputed and that I requested validation of the debt per the Fair Debt Collection Practices Act. I never received a reply. Now I've been summoned to appear in Court by this agency (Cavalry SPV I, as ASSIGNEE of CITIBANK, N.A.)

Can I file a Motion to Dismiss since they did not comply with the Fair Debt Collection Practices Act? Or do I need to file an Answer with an Affirmative Defense?

P.S. Why does it read "Consumer Credit Transaction" at the top of the Summons ?!?

No. They can always sue you. I would look into the rules of disclosure and discovery for the debt you are being sued upon. Game on. No more internet nonsense. Now you must defend yourself.

 

[TimStudiesLaw]

What is the name of your state (only U.S. law)? New York

I received a letter from a debt collector demanding payment for an alleged debt, so I sent them a Certified letter which noticed them that their claim is disputed and that I requested validation of the debt per the Fair Debt Collection Practices Act. I never received a reply. Now I've been summoned to appear in Court by this agency (Cavalry SPV I, as ASSIGNEE of CITIBANK, N.A.)

Can I file a Motion to Dismiss since they did not comply with the Fair Debt Collection Practices Act? Or do I need to file an Answer with an Affirmative Defense?

P.S. Why does it read "Consumer Credit Transaction" at the top of the Summons ?!?

As a rule, the collection agency I worked at automatically sued debts that were disputed rather than play games. The information you requested will be used as evidence in court.