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Help with countersuit

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I want to file a countersuit, against the CA who is suing me, for violations of the FDCPA. However; I need some help.

1) CAN I file a counterclaim against the CA under their lawsuit against me, if I am all ready suing them for the exact same reason in Federal Court?

I know that I have to file the countersuit at least 10 days before my Case management conference. I know how to set up the document with County court, case no. ,Plaintiff v. defendent,etc...

2)I don't know the format as to how to word this counterclaim.

Would I set it up just like I was suing them? With introduction, jurisdiction and venue, parties, facts, exhibits, and then count I, II, III, etc... and included in the counts ask for damages?

Any help out there? Please advise!

[Edit by capepuffin on Tuesday, March 11, 2003 @ 09:53 PM]

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You probably can't sue them again for the same thing -- indeed you almost surely can't.

Who sued who first? If you sued them for FDCPA/FCRA and they later sued you on the original debt, they MIGHT have waived their claim -- and you can argue as such.

[Edit by masonuc on Wednesday, March 12, 2003 @ 10:25 AM]

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They sued me first in Civil Court. Now I am suing them for violations of FDCPA and state laws. I am suing them in Federal Court. These courts are in the same state but not the same county.

If I can't countersue them in Civil Court, can I at least let the court know that I am suing them for violations of the FDCPA in Federal Court?

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