did they violate the fdcpa

by jon

If my first contact with a junk debt collector (portfolio recovery associates) was a summons and complaint, which I've answered, doesn't that violate the fdcpa's laws allowing me to validate the debt? I sent the debt validation letter with their copy of my answer and motion of appearance. Every thing I read says they don't to provide the validation after the suit has been filed. Also can I amend my answer to include affirmative defenses if I didn't include them originally?

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Dec 11, 2011
did they violate the fdcpa
by: Debtcollectionanswers.com

A debt collector is legally required to provide you with written notification of your debt and to provide certain information in that notice. If a debt collector's first contact is by phone, then it must tell you specific things during the conversation and follow up in writing within 5 days.

I am not an attorney but it's possible based on your description of the sequence of events in the collector's efforts to collect from you that the collector has violated the Fair Debt Collection Practices Act. I recommend therefore that you consult with one. The attorney can determine if your rights have been violated and he can also answer your questions about amending your answer. Go here for a free consultation with a consumer law attorney .

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