Countersuit /Counterlcaim

[cybercrusader]

After reading up on the FDCPA and the information on this board, I believe that I have a legitimate reason to counter sue a collection agent for failing to comply with sec. 809(a).

I never ever heard of this collection agent and never got an "initial communication". No letters, phone calls, etc. The first time I heard about them is from a civil complaint they filed against me. I have requested validation and I'm still waiting for a response. I'm really not sure if this debt is in fact mine.

My question is do I have to file a counter suit (within 5 days of the hearing date where I live) or can I sue for this matter at any time? I'm not clear as to what a counter suit exactly is.

[admin]

So you are saying they are already suing you?

If this is the case, then I wouldn't bother with debt validation. Go to court prepared (knowing your rights) and demand that they prove this is your debt.

[cybercrusader]

Yes, I was served with a complaint.

I already sent in a debt validation letter just so I could stay within the 30 day notice (the hearing is 45 days away). I'm assuming the 30 days runs from the day I was served.

If I don't get validation, I'm absolutely going to demand them to verify in court. I've also got some other violations up my sleeve based on the info I read here.

I'll keep the board posted. Thanks for your help. This is a great site.

[strat58]

You could have waited until day 43 and overnighted the counterclaim and debt validation if your day in court was 45 days from being served. Then they would have been in violation

by going to court before validating. I had 20 Days to appear in court after the summons. Thanks to all the people on this board I can go in battle better prepared.

strat

[strat58]

if you need legal forms check out cpswatch.com/forms.

The only one I could noy find was the motion to dismiss but I did find a writ of mandamus and modified it for the dismissal form.

[cybercrusader]

<blockquote>Originally posted by strat58

You could have waited until day 43 and overnighted the counterclaim and debt validation if your day in court was 45 days from being served. Then they would have been in violation

by going to court before validating. I had 20 Days to appear in court after the summons. Thanks to all the people on this board I can go in battle better prepared.

strat

</blockquote>

Thanks for the link.

I'm not sure why I would wait until a few days before the hearing to send a validation letter. If the "initial communication" is the complaint, then the 30 day clock starts the day I signed for it.

According to everything I've read, they are already in violation for 1) not giving me the opportunity to validate, and 2) not using the validation language as per section 809.

[admin]

cyber, you are right they are violations....

[Edit by admin on Wednesday, January 1, 2003 @ 11:28 PM]

[LadynRed]

Actually, if what I've read is correct, and coming from the FTC I assume it is, as long as they include the statement about the right to demand validation along with the summons, its legal for them for make a lawsuit 'first contact'.

[admin]

Lady, you are right, but the wording must be precise and per the FDCPA.

[bingo]

I think this is an area where Federal Courts are chipping way at consumer protections. Look at Sprouse vs City Credits. A "google search" will find the case. Apparently, lawsuits can be the first contact and they aren't stayed unless the consumer demands validation. Of course, most people are so scared when they are served they never think about validation.

[cybercrusader]

<blockquote>Originally posted by bingo

I think this is an area where Federal Courts are chipping way at consumer protections. Look at Sprouse vs City Credits. A "google search" will find the case. Apparently, lawsuits can be the first contact and they aren't stayed unless the consumer demands validation. Of course, most people are so scared when they are served they never think about validation.

</blockquote>

Yes, according to the information I've learned in another one of your posts, the court notice is in fact the initial communication in my case.

However, as Lady and Admin have pointed out, the initial communication never had any of the language required by FDCPA. In addition, I have made a request for validation and was subsequently provided with a less than satisfactory response.

Does any of this really matter? In other words, can any of these violations be used as a defense in small claims? On appeal? Maybe...

In my case the CA has already filed suit. I've requested validation. The validation is grossly inadequate (at least in my opinion and in comparison to the info I've read).

The only issue seems to be, what does the local judge consider proper validation?

[Edit by cybercrusader on Thursday, January 2, 2003 @ 11:41 AM]

[Edit by cybercrusader on Thursday, January 2, 2003 @ 11:46 AM]

[cookiemnster]

<blockquote>Originally posted by cybercrusader

<blockquote>

The only issue seems to be, what does the local judge consider proper validation?

</blockquote>

When you go into court, take copies of the FDCPA, the Wollman letter and the Spears v. Brennan decision with the pertinent parts highlighted, to be submitted to the judge. Many times it's up to you to educate a small-claims court judge on the FDCPA and caselaw.