Legal Question in Credit and Debt Law in Michigan
Is serving a complaint considered collection activity?
I received a letter from a lawyer representing a collection agency stating that I owed a debt. I sent a debt validation letter within 3 days. About 2 monthes later, I was served with a complaint and am now going to a pretrial for this case. Isn't this considered collection activity under the FDCPA?
2 Answers from Attorneys
Re: Is serving a complaint considered collection activity?
What did the letter say? Presuming that you denied the debt, the only thing that the collection agency could do is file suit against you.
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Re: Is serving a complaint considered collection activity?
No, filing a complaint is not a violation of the FDCPA. If you need assistance with the lawsuit, I can help you as I specialize in debtor defense work and bankruptcy.
Good luck.