mamom

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About mamom

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  1. The violations were FDCPA violations directed at the DC (Zwicker who now acts as their attorney) that I included in my Answer, because I thought OC would be held accuntable for the actions of their agent. Somewhere else I asked if I send Discovery to the Court as well as Plaintiff, or just the Plaintiff. For some reason I can't find this info anywhere...
  2. I've been working this around trying to figure out a few things. If I am allowed to change the Plaintiff to Zwicker, (don't know how to do a substitution of parties yet) what does this mean? Am I required to create 2 sets of Discovery, one for OC and another for Z? What if I want to drop the counterclaim, is that possible? (Editing this in) That would mean I have to remove any mentions of violations of the FDCPA from my Discovery, but could I still use that "the OC is estopped under the doctrines of etopples from alleging that an unverified debt is owed by the Defendant"? Based on the fact tha
  3. Thanks Nascar. What is the process to do a substitution of parties? Sounds like it isn't just a matter of making the corrections and resubmitting my Answer. How would I go about determining if the tort law in my state (MA) holds the OC accountable for the actions of the DC?
  4. HI all, I read some of the other threads around this, but nothing is helping much. I filed a counterclaim and mistakenly name the Plaintiff (OC) as the one who violated FDCPA. So their attorney (who was previously their debt collector - Zwicker and Associates) filed a Motion to Dismiss the counterclaim. Can I possbily address this by amending my Answer, or within my Discovery? Is the fact that I'm pro-se taken into consideration, since it seemed reasonable to me that the OC would be accountable for the actions of the debt collector they hired. I see now that is not so, but it made sense when I
  5. So if my countercliam had been worded "zwicker and associates" instead of "the plaintiff," it would stand? Now for the $20,000 question: are there any do-overs for pro-se defendants in counterclaims? Would an attorney answer this one, please?
  6. I asked above (before the thread was hijacked): "I read somewhere here that the OC isn't held to the FDCPA, is that correct? Asking because I'm not sure if I can countersue in my Answer to their Complaint?" And got this reply Now Zwicker has submitted a motion to dismiss my counterclaim, stating that the OC isn't a debt collector and therefore cannot be held to the standard of the FDCPA. That makes sense of course, but the first communication I received in all of this was from Zwicker and the letter stated plainly that it was from a debt collector. It says: "This firm is a debt collector." S
  7. This is very helpful Nascar, thank you. I can prove that the plaintiff has no right to receive payment. My questions below are for the sake of clairty and my own and others understanding. Are 'Account Stated' and 'Breach of Contract' the same thing? What are some of the defenses to the Account Stated Claim that you mentioned above? Is not paying a bill you receive, objection? Is DVing considered, objection?
  8. Hello, I'm prepairing Discovery for a case with an OC and want to ask if there is anything that is considered priveleged information that cannot be asked for in Discovery? I read in another thread that if I can prove any FDCPA violations (I DV'd before suit and stated 4 violations in Counterclaim) the Plaintiff would have to pay my lawyer's fees and costs (right now I'm pro-se). And that any proven violations can offset the balance they are trying to collect. I this accurate info? Does state matter? (Mass) And once my Discovery is completed, do I send it to the Court, too, or just the Plaint
  9. Thanks for your reply, Nascar. What do you mean by properly introduced?
  10. Ah, I didn't know this. So unless it is a case in my own state, just finding case law in general is meaningless. Am I undestanding you correctly?
  11. I found this so I'm posting a reply to my own question: Computer printouts and photocopies are not verification of debt. See Young v. Meyer & Njus, PA, Dist Ct. N. Ill (1997). Of course I googled this and though I found it, couldn't find this statement anywhere...is this for real?
  12. Are there any examples of the "not always" part? I can see that having statements proves an account exists. But is that enough to prove Breach of Contract? Or does it work because most people cave at this point and it doesn't go to trial? Case law anyone? Also, not sure what being sued for Account Stated means? Breach of Contract and Unjust Enrichment are the Counts.
  13. Hello, I'm posting today to ask if providing billing statements is proof that an enforceable contract exists? Is it enough for a OC to win in court? Thanks, MAmom
  14. Hi DH, thanks for your reply, I now have confirmed that Zwicker is acting as the attorney for Chase. So am I correct that in my Answer, I can't refer to any violations of FDCPA? They did not attach any supporting docs to the Complaint. And I'm not exactly sure how to answer their complaint which follows: Complaint 1. Plaintiff is bla ,bla 2. Defendant is Count I Breach of Contract 3. Paras 1 and 2 are incorporated herein by reference. 4. Def made an app for a card 5. Plaintiff established an acct. in the name of Def and issue card bearing the number ending XXXX, all as pursuant to a written c