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Atty won't wait for validation request to sue


rs1129
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A relative who is active military just received a 2 page letter from an attorney claiming to represent a debt collector. The first page gives the standard spiel that federal law gives the debtor 30 days to dispute the validity of the presumed debt. The second page says the attorney doesn't have to wait until the end of the 30 days to file suit and he's filing suit in 14 days (7 days from this post).  Relative is in ND. 

 

If it was me I'd let the attorney file suit and waste his money, but because the relative is military I'm thinking that's not the best way to handle it.  FTR, the debt is not owed and there is paperwork to prove it. 

 

I'm a bit rusty on dealing with debt collection issues and a novice on how it affects military. Any advice would be appreciated.

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A relative who is active military just received a 2 page letter from an attorney claiming to represent a debt collector. The first page gives the standard spiel that federal law gives the debtor 30 days to dispute the validity of the presumed debt. The second page says the attorney doesn't have to wait until the end of the 30 days to file suit and he's filing suit in 14 days (7 days from this post).  Relative is in ND. 

 

If it was me I'd let the attorney file suit and waste his money, but because the relative is military I'm thinking that's not the best way to handle it.  FTR, the debt is not owed and there is paperwork to prove it. 

 

I'm a bit rusty on dealing with debt collection issues and a novice on how it affects military. Any advice would be appreciated.

Pretty much gone are the days when the commanding officer of a unit gets involved in a service member's financial woes absent extenuating circumstances. It isn't even too common these days where these types of problems will affect a security clearance.

 

Because the law prohibits contacting the individual's unit and, as a member of the military, their pay is off limits to garnishment, I might be inclined to tell the attorney to SMD -- especially if the debt is not valid and even more so if the attorney is acting like a richard.

 

Do you have more details you can share? What is the nature of the debt? Who is the creditor? The amount? What are the dates?

 

 

Sent from my iPad using Tapatalk

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Who opened the letter?  I hope it was the individual it was addressed to, otherwise that raises other areas of concern.

 

If they are deployed somewhere, then let the suit get filed.  When the process server shows up, answer the door and tell them the individual is deployed.  That then gets noted by the process server and becomes a part of the court's record. 

 

But no, there is no obligation to wait a proscribed period of time in most instances to file suit.  It is why we saw suits being filed on the Astroworld fiasco within a day of the fatalities.  It does, IMO, adversely position a Plaintiff but it is not a bar to them moving forward. 

 

Oh, and once sued, notions of validation go out the window.  At that point, the rules of the sandbox will call for the various motions related to discovery to be filed.  And that is where the REAL fun can start for those that know what the hell they are doing...this holds in civil just as much as it does in criminal.  We are in the midst of b*tchslapping a jurisdiction that couldn't be bothered to follow the law related to blood draws and is about to see their case implode even more than a high-profile case being televised from near the Frozen Tundra. 

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