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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99415
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello: A collection agency won a judgment against me in

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A collection agency won a judgment against me in 2007 which has not been collected. In 2012, another collection agency working on behalf of the original collection agency contacted me to collect the debt. I responded with a request for validation of the debt. I received a letter stating that if they did not receive documenation of the debt validity within 30 days, they would consider it closed and return the account to the original agency. I never heard from them. Now in 2013, the original collection agency is seeking a revivor of judgment. Is the non-responsive request for debt validation in 2012 enough to set aside the judgment?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

A lot of individuals confuse FDCPA verification with the ability to pursue legal relief.

If a company does not respond to an FDCPA verification request under Title 15, Section 1692-1692p, then the collection agency no longer can attempt to COLLECT on a debt via calling, mailing, and generally "contacting" the individual. The matter is closed.

However, failure to respond under verification does not invalidate any legal case/judgment behind the debt. The original creditor or whoever has been assigned the debt may still pursue it in court, and may seek to satisfy/renew judgment as necessary.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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