| FDCPA 809b a reason for Motion to Dismiss? I have a question,
Can I file a motion to dismiss with 2 reasons:
#1
According to the FDCPA (section 809b)
"Effect of including proof with first notice. A debt collector must verify a disputed debt even if he has included proof of the debt with the first communication, because the section is intended to assist the consumer when a debt collector inadvertently contacts the [53 Fed. Reg. 50109] wrong consumer at the start of his collection efforts." (the attorney representing the JDB has not verified the original debt status with the OC, nor apparently has the JDB they represent)
#2
The account was settled 4 months before the JDB claims it went bad & they acquired it!!!
Does anyone have an example of how to word this or can direct met to the "Motions" - do-it-yourself toolbox??? |