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.