The West Virginia legislature recently amended the state version of the FDCPA to require plaintiffs to issue a pre-suit grievance before filing a lawsuit under the act. The provision is very creditor and debt collector friendly. The amendment became effective July 5, 2017.
Once the pre-suit grievance is served, the creditor or debt collector will have 45 days to respond. If the response offer is rejected and the final award is less than the offer, the creditor or debt collector will not be liable for attorney’s fees. Additionally, the response offer is confidential per statute.
This is a very favorable change in the law and response offers should be made in nearly every case. Please do not overlook or let a pre-suit letter from West Virginia linger as it may impact your ability to mitigate risks in a challenging venue.
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