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Sent DV, No response...just a lawsuit

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    Sent DV, No response...just a lawsuit

    Capital 1 assigned a debt to a local law firm. Sent a DV and received no response. Just noticed online that the lawfirm filed suit on behalf of Crap 1. Isn't the attorney required to answer the DV before filing suit? Is there grounds to file a motion to dismiss?

    #2
    Supposedly, a debt collector must cease all collection activity until they have complied with the DV request. Perhaps attorney representing a plaintiff doesn't count. I think there is some debate about this, but there might be some FTC opinion related to this in terms of the FDCPA. In the cases where I was sued, I received DV information prior to the complaint being filed against me (circuit court and small claims.)

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      #3
      update

      Yes, I sent the DV CMRRR back in June. I have the green card back. The suit was filed early this month.....suit was filed by the same firm.

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        #4
        Ready yourself for a $1000, apply them towards your BK filing and attorney fees and be done with the whole thing.

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