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The summons requires you to attend a hearing on the collections matter. At this hearing you can ask the court to dismiss the case for violation of the FDPCA section 1692. Lack of standing can be raised, but it is likely the debt collector either has a contract to collect the debt, or has purchased the debt. A more viable approach maybe violation of the Federal Debt Collection Practices Act.
There are specific requirements all debt collectors must follow under the Federal Debt Collectors Protection Act (FDCPA).
The FDCPA, prohibits debt collectors from making false or misleading representations and from engaging in various abusive and unfair practices. See 15 USC §§ 1692
The act sets forth rules by which debt collectors must abide in the collection of debts. For example under the rules, the debt collector must disclose to the debtor that he or she is "attempting to collect a debt and that any information obtained will be used for that purpose." See 15 USC § 1692e(11);
Under the FDCPA within five days of the initial communication to the consumer the debt collector must provide the debtor with "validation notice" which includes the amount of the debt, the name of the creditor to whom the debt is owed, and a statement that unless the consumer fails to dispute the debt,within 30 days, the "debt will be assumed to be valid by the debt collector." See 15 USC § 1692g (a)(3).
The initial communication must also include a statement that tells the consumer that if during the 30-day period that if any part of the debt is disputed, the debt collector must mail verification of the debt to the consumer. See 15 USC § 1692g;
. If the consumer then notifies the debt collector in writing within 30 days that the debt, , is disputed, or requests the name and address of the original creditor, the debt collector must cease collection of the debt until the information is provided to the consumer. See 15 USC § 1692g (b).
If a debt collector fails to comply with any of its provisions, the FDCPA provides that a debtor may recover actual damages sustained due to noncompliance, additional damages up to $1, 000, and the costs of the action, as well as reasonable attorney's fees. See 15 USC § 1692k.
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