Mini-Miranda/Validation Notices Required in Lawsuit?

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Mini-Miranda/Validation Notices Required in Lawsuit?

Post by David A. Szwak »

If the petition/complaint/arbitration filing is the 1st communication with the debtor by the debt collector then a set of the FDCPA mini-miranda and validation warnings must be included in the lawsuit papers.

Goldman v. Cohen,
445 F.3d 152, C.A.2 (N.Y.), April 12, 2006 (NO. 05-2645-CV)
...suit in the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge ) under the FDCPA, alleging that Cohen's notice of petition and petition constituted an “initial communicationâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
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Shreveport, Louisiana 71101
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