I have just being subpoenaed in a civil law suit by RJM Acquisitions. The next day I sent them a debt validation letter requesting my demands. My question is, is it legal for them to sue me before "first communications." In fact, what constitutes "first communications." I have never hear of them before I was subpoenated and I am worried that they are trying to angle something that they offered me first communication over the 30 day legal limit for me to have my debt validated. I live in Tennessee, if that makes a difference.
Well, I just read that a debt collector must send a debt validation notice informing the consumer of their rights within 5 days of first communication. I don't remember getting anything like that and I assume that this letter must be signed by me through registered mail. I've not signed anything but this subpoena that I got in the mail yesterday. I assume this can be grounds for counter suing these scum suckers.
I am asking for validation because I assume that my bills are paid. Go read up on Junk Debt collectors and maybe you'll understand.
The burden of proof is on them to show that they've communicated to you. That means you receiving and signing a registered letter, or them having a tape recorded conversation with your voice. Sometimes those mails look like a subpoena but are rather carefully worded threats. I think you've read what I've read on the net, so I can't help you much from here (I haven't been sued). I would read the Federal law on debt collection again, and feed whatever douchebag that is suing you your established rights. These guys may be pressuring you to settle, but if they cross the line they will have to pay you in fines.
Ge here and post the same question: http://www.expertlaw.com/forums/ They have forums dealing with every type of law subject.
I'm sorry, I miss typed. I didn't get it in the mail. It was in fact a subpoena that an officer served me. I am taking this subpoena as their first communication with me. I am just tyring to learn as much as I can about first communication because that is so important to debt validation.
