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Showing results for tags 'counterclaims'.
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Brief description of my case. LVNV Plaintiff untimely affidavit and no autheticated docs. Plaintiff just lost their MSJ on 3/20/2013 ! This case is in Michigan. I have not filed a counterclaim. And was wondering if it is too late to and should I ? People have told me that Plaintiff will most likely dismiss before trial 4/15/2013. PLAINTIFF has violated some Fair credit reporting. SOL, reporting more on CR than suing me for, also statement on CR that the amount was more than they are reporting, but still amount they are reporting is more than they are suing me for. Also, suing me for debt they cannot prove I owe. However, I did NOT serve interogs, POD's to the Plaintiff via discovery. Pretty much answered what they threw at me in their interogs, POD's. Any opinions would be appreciated. Any links would be appreciated as well.
Texas, under it's state version of the debt collection act allows as a remedy for violations of it's rules the ability to sue for "actual damages". What could one claim as "actual damages" when the jdb violates the law by "attempting to collect interest" that is not "expressly authorized by the agreement? I have proof from multiple mailings that the JDB is adding about 21% interest per year to the balance of the alleged debt. I would like to sue them for this, but I don't know what actual damages would arise from them jacking up the amount allegedly owed. Any ideas? Here is the law they borke: Texas Fair Debt Collection Practices Act § 392.303. UNFAIR OR UNCONSCIONABLE MEANS. (a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices: (2) collecting or attempting to collect interest or a charge, fee, or expense incidental to the obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation or legally chargeable to the consumer; or