Kindrox

I see you are in TX. I am getting quite an education about suing in the Dallas area. With luck you are not in Dallas. First, I would stay the heck out of small claims court. I did venture there for a telemarketing case and got my tail caught in the door. It seems easier but losing is never easy and that is what will happen in a TX SCC court. You gotta go federal in TX. You can serve them by hiring a process server. They may hit you with a motion to dismiss based on improper venue but you are in TX and the TX long arm statute is as broad as the consitution allows, so they get nowhere. I

Gosh I would like to know WHY DO PEOPLE DV TWICE? One time is enough. If you feel like sending them another loverly letter, send them one thanking them for admitting they have no evidence the debt is yours or unpaid and thanking them for ceasing all collection activity. Really people, why a second DV letter? This guy already has them on misrepresentation, if they are reporting to the credit agencies now is the time to dispute with a "they have no evidence the debt is mine so the TL should be deleted" dispute.

You would not file a response to a general denial. You should check into if you get discovery in your small claims court and prepare to lose if you don't, unless 1) they don't show and 2) you can convince a judge (who knows absolutly nothing about the FCRA) that you get money under the FCRA. There are a few that have filed in small claims and got something, but in geneal I think that small claims court is a bad idea.

Of course look at your states rules of civil procedure, but in general the only discovery requiring notoriation is interrogatory answers. Other discovery and discovery requests should not require notoriation.

If the venue/jurisdiction are improper, you can move to dismiss. Don't answer if it is the wrong court, move to dismiss.

If you don't have something, you don't have something. Simply say you don't have any documents for this request. They can't search your house!

Dean Malone has a good reputation. He is worth a phone call but don't be suprised if he turns down your case.

I don't know if he will, but try www.warybuyer.com for attorney Craig Jordan. If there is such a thing as an honest lawyer, it is him.

Typically the lawyers handle all the paperwork on settlements, along with the money. I guess its all part of the service lawyers provide, for a big fat hourly fee.

How long ago did they file the first suit? The SOL on FDCPA violation is 1 year, so you might have to hurry up on filing. If SOL is approaching fast, you can write a very simple complaint and file it, then amend it.

You may bring FCRA and FDCPA claims in state court. Both laws state this.

You will have to do a bunch of reading but if your up for the challange you can do it yourself, and probably as good or better. I have seen a lot of junk attorneys. This thread has a defendant's answer and counter-claim. http://www.artofcredit.com/board/showthread.php?t=19708&highlight=court Change the statement of facts and the like to fit your situation. Put it all down, as much as you remember, even if you cannot prove it. Put in dates as best you can. If you don't know the exact date, say "CA called me around august of last year." Don't lie about anything. Then read the FDCPA, and

If they filed in the wrong county, normally I would say file in federal court, but they got a default on you and the federal court cannot vacate that. I guess I would say file suit against them for FDCPA violations and to vacate (collateral attack) the judgment. CM should have some good info for you too.

No, once legal action starts DV is out the window. In the courts you will obtain this information through discovery. You will ask for the production of documents, requests for admissions, and requests for interrogatories. Anyone can be help with a lawsuit, provided they are willing to learn, take it seriously, and have time to learn. How much are they suing for? In this box I cannot see if you gave your state.

In your other thread I forgot to say that your suit in federal will name the collection attorney, but not the OC.