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They gave them 90 days to validate the debt, is this legal?

I got letters from a dept collector and asked for validation on 4/21/06. They never validated the debt and they filed suit. I went to court but only their advocate showed up. I told her that I had requested validation but received none. She had no paper work but asked the clerk to continue the case. They gave them 90 days to validate the debt, is this legal? Shouldn’t they have dismiss the case in favor of me?

It’s common for courts to give collection agencies additional time to validate debts. I won’t debate whether this violates your rights under the FDCPA, that’s better left to an attorney.

However, you should know that the majority of these cases are ultimately dismissed because collection agencies are unable to validate the debts in question.

This is why it is so important for debtors to show up in court and insist that collectors follow the rules by validating debts when requested to do so.

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  1. I had a debt with a major phone carrier. I paid them $100 a month until they said they could no longer carry the debt and it was turned over to a debt collection agency. I began paying them the $100 a month, they collection agency would call me no less than 4 times a month telling me I could settle for less money and I would tell them I live on fixed income and am only able to pay $100 now after 3 payments, they say they can only keep the debt for 90 days so they must have a check to keep it another few days. I wanted to send a money order but they won’t have that they only want a check.

    What is going on?

  2. Can I file suite against a debt collector that is out of state?

    I would assume that since I live in florida and they are attempting to collect a debt from me (a florida resident this means they are conducting business in my state)

    Also by reporting the debt to credit reporting agency’s am I correct in assuming this to mean they are attempting to collect a debt in a state that they are not licensed in!

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