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Consumer Law Keyed to Whaley, 9th Ed.
Ellis v. Solomon and Solomon, P.C.
Citation:
591 F.3d 130 (2010)Facts
Janet Ellis owed $17,809.13 on her Citibank credit card. In May 2005, Citibank referred the account to Solomon and Solomon for collection with authorization to sue. On May 13, 2005, Solomon sent Ellis a validation notice by mail informing her of the debt amount and her right to dispute the debt within thirty days. Attorney Julie Farina reviewed the file and decided to commence litigation. Farina and Douglas Fisher prepared and signed a summons and complaint demanding payment. On May 31, 2005, with two weeks remaining in the validation period, a Connecticut State Marshal personally served Ellis at her home with the summons and complaint. The summons stated in bold capital letters “YOU ARE BEING SUED” and directed Ellis to file an appearance or consult an attorney. The defendants never communicated to Ellis how the lawsuit affected the information in the validation notice. Ellis received the validation notice and never disputed the debt during the validation period.
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