Capepuffin Posted March 12, 2003 Report Share Posted March 12, 2003 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] Link to comment Share on other sites More sharing options...
masonuc Posted March 12, 2003 Report Share Posted March 12, 2003 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] Link to comment Share on other sites More sharing options...
Capepuffin Posted March 12, 2003 Author Report Share Posted March 12, 2003 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? Link to comment Share on other sites More sharing options...
Anonymous Posted March 22, 2003 Report Share Posted March 22, 2003 can you foward a copy of the federal complaint or the statues and venue and good luck Link to comment Share on other sites More sharing options...
Capepuffin Posted March 22, 2003 Author Report Share Posted March 22, 2003 <blockquote>Originally posted by jerrycan you foward a copy of the federal complaint or the statues and venue and good luck</blockquote>Why? Link to comment Share on other sites More sharing options...
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