Re: [tips_and_tricks] is validation defined?
- Neither of the terms (validation/verification) is defined in the FDCPA.
There are people who believe that there must be a validation by affidavit
but, I don't know of any court cases that support that belief. I would
guess that in your case, the court will say all that was required of the
attorney is to have obtained a copy of the arbitration award and sent that
Only a court can "confirm" an arbitration award, this turns an unenforcible
award into a court judgment. If the holder of the award has brought suit
(sometimes a petition and sometimes just a motion) to have the award
confirmed by a court there are some defenses you can use. If it has been
less than 90 days since the award, you might want to consider filing suit to
have the award overturned. I would need a lot more details to know whether
this would be a good move or not.
If it has been more than one year since the date of the award, the time
limit for the award holder to have it confirmed in court has expired and the
award can't be made into a judgment.
----- Original Message -----
From: The Handyman
Sent: Monday, December 27, 2004 8:49 PM
Subject: [tips_and_tricks] is validation defined?
I sued an attorney for violating the FDCPA. He responded to an admission:
"Defendant objects to the request insofar as the term "validation" is not
defined. Defendant submits that the law only requires verification of the
debt when requested by the debtor." He admits to being a debt collector but
alleges that he was only confirming an arbitration award. Is he correct?
Does the FDCPA only require verification in confirming an award?