c m chase

My Case **I WON**

Recommended Posts

I want to edit this first post so people just starting to read knows what's going on. The original post was edited because it had my pleading on it and I didn't want spying eyes to see it (in case the CA or lawfirm is cruising the board).

I was sued by a junk debt buyer for an old credit card account. The total lawsuit was $3000. The lawyer that took the case is also a debt collector and is a lying, cheating, scamming one. They're the biggest collection lawfirm in my state. And I'm on a mission to squish 'em. :twisted:

In my first counterclaim, I offered up 2 counters...in researching my paperwork, I found, amended my pleading, and offered up 9 counters. The counterclaims were along the lines of overshadowing, issuing a fake court document, making up balances, not validating, etc.

And there it is..the beginning of this saga.

Enjoy. :D

For reference.....here is a post with a list of Affirmative Defenses you can pick and choose from. You can use as many that apply to you. If you're being sued by a big junk debt buyer (Midland, Asset, Arrow, NCO, etc) you can use almost all of them. http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc

Share this post


Link to post
Share on other sites

I was told to add in punitive damages for each violation. Now watch this...my prayer for relief:

:shock:

PRAYER FOR RELIEF:

61. THEREFORE, Plaintiff prays that the court grant:

a) punitive damages in the amount of $5,000 as to his First Cause;

B) statutory damages in the amount of $1,000 as to his First Cause;

c) punitive damages in the amount of $5,000 as to his Second Cause;

d) statutory damages in the amount of $1,000 as to his Second Cause;

e) punitive damages in the amount of $20,000 as to his Third Cause;

f) statutory damages in the amount of $4,000 as to his Third Cause;

g) punitive damages in the amount of $5,000 as to his Fourth Cause;

h) statutory damages in the amount of $1,000 as to his Fourth Cause;

i) punitive damages in the amount of $5,000 as to his Fifth Cause;

j) statutory damages in the amount of $1,000 as to his Fifth Cause;

k) statutory damages in the amount of $16,000 as to his Sixth Cause;

l) any attorney fees if applicable;

m) costs.

n) that any and all contracts having balances owed to the Plaintiff by the Defendant be declared null and void.

FURTHER, sayeth naught.

Ladies and germs, that equals $64,000 without considering attorney's fees (if I hire one) and 'costs'. :shock: Am I TOTALLY nuts??? LOL

Share this post


Link to post
Share on other sites

That is too cool. Gonna save that info for future reference....

You really did your homework! Be sure to change the street name to the proper one before sending it in....

:D

Share this post


Link to post
Share on other sites

And you are not of the male gender.....

Least I hope my fantasies are still in effect... 8-)

PRAYER FOR RELIEF:

61. THEREFORE, Plaintiff prays that the court grant:

a) punitive damages in the amount of $5,000 as to his First Cause;

B) statutory damages in the amount of $1,000 as to his First Cause;

c) punitive damages in the amount of $5,000 as to his Second Cause;

d) statutory damages in the amount of $1,000 as to his Second Cause;

e) punitive damages in the amount of $20,000 as to his Third Cause;

f) statutory damages in the amount of $4,000 as to his Third Cause;

g) punitive damages in the amount of $5,000 as to his Fourth Cause;

h) statutory damages in the amount of $1,000 as to his Fourth Cause;

i) punitive damages in the amount of $5,000 as to his Fifth Cause;

j) statutory damages in the amount of $1,000 as to his Fifth Cause;

k) statutory damages in the amount of $16,000 as to his Sixth Cause;

l) any attorney fees if applicable;

m) costs.

n) that any and all contracts having balances owed to the Plaintiff by the Defendant be declared null and void.

FURTHER, sayeth naught.

Share this post


Link to post
Share on other sites
Be sure to change the street name to the proper one before sending it in....

What do you mean? That IS the real one.. :?

And you are not of the male gender.....

a) punitive damages in the amount of $5,000 as to his First Cause;

Hmmm...I assumed 'his cause' would be like calling a ship a 'she'...that it was just part of the language.

:? Maybe I should leave out pronouns altogether....hmmm...good thinkin.

Share this post


Link to post
Share on other sites

I've always been told not to specifically ask for damages, both actual and punitives, by seeking a specific dollar amount.

I've been advised to state "actual damages in an amount to be determined by a jury" and "punitive damages in an amount to be determined by a jury".

Share this post


Link to post
Share on other sites

Thanks for the heads up....since I found state law regarding how much could be awarded for punitive, I'm going to leave it in there like this and see what they say about it.

I added in the actual and exemplary damages in the way you said...looks better.

***edited***

Share this post


Link to post
Share on other sites
Be sure to change the street name to the proper one before sending it in....

What do you mean? That IS the real one.. :?

And you are not of the male gender.....

a) punitive damages in the amount of $5,000 as to his First Cause;

Hmmm...I assumed 'his cause' would be like calling a ship a 'she'...that it was just part of the language.

:? Maybe I should leave out pronouns altogether....hmmm...good thinkin.

Thank God you didn't change.... 8-)

Share this post


Link to post
Share on other sites
Thank God you didn't change.... 8-)

:lol: Yeah...I would make a horrible man. hehe!

And did you notice I changed the way I stated it?

For the Defendant's First Cause of Action....

:wink:

Share this post


Link to post
Share on other sites
Thank God you didn't change.... 8-)

:lol: Yeah...I would make a horrible man. hehe!

And did you notice I changed the way I stated it?

For the Defendant's First Cause of Action....

:wink:

Yes ma'am, I do like it better now! :)%:everybodyclap:

Share this post


Link to post
Share on other sites

Nothing REALLY new yet. Plaintiff still hasn't answered my counters. Heh. I think they're probably hating me about now. :lol:

I've since filed all the necessary certificates of service, change of address, etc...all the little stuff. I also recently sent them a Request for Admissions. Law says they automatically admit to everything if they don't answer within 20 days....it's been 11. :?

Well, they're going to hate me even more after they get my next notice. I'm taking this to federal tomorrow, hopefully, if I can get all my ducks in a row fast enough. :shock:

I spoke with two lawyers regarding my state's district judges...in that they SUCK and don't even know or care what the FDCPA is. Xan pushed me the same way. SO...I'm swallowing that lump in my throat, spitting out a check for $150, and gathering all my crap to file tomorrow.

I have a good feeling about this. But I'm TERRIFIED.

Xan, dammit, hurry and get admitted to the bar!!!! :shock::wink:

Share this post


Link to post
Share on other sites

:roll::cry: Just found out it's too late to file in federal. Apparently, I have to do that within 30 days of receiving my summons.

Word to the wise.

Share this post


Link to post
Share on other sites

Why is it you can't dismiss your state counter-claim and then file a seperate complaint in US District court?

Second, if you've already filed your CC in state, why do you want to move it to federal?

Share this post


Link to post
Share on other sites

Check with the Court Clerk ($) about possibly doing a Request for Jury Trial if you're worried about Judges. Most of the jury will have probably had similar experiences and might be shocked at what they learn with what you teach them.

Seems that a JURY trial would be intimidating a bit for the opposing side if they know they were not following statutes and procedures.

Share this post


Link to post
Share on other sites

So Chase have you ever thought about going to law school? :shock:

How much do you charge for consultation? How about coming to OKC?

Keep us posted.

RedDog

Share this post


Link to post
Share on other sites
Why is it you can't dismiss your state counter-claim and then file a seperate complaint in US District court?

Well, I suppose I COULD. I never really thought about it that way. If I did that, what would happen to my case as it stands now? I mean, they're still suing me for $3000...what would happen to that?

Second, if you've already filed your CC in state, why do you want to move it to federal?

Because, even though people on the net say it can't be that bad, the lawyers I've talked to here (who DON'T want to take my case) say that state judges are suck suck suck and don't give a rat's about FDCPA. Apparently, they're going to say "do you owe the debt? You do? Then pay it." I do have a strong case though...hard evidence and straightforward caselaw to back up everything else.

Check with the Court Clerk ($) about possibly doing a Request for Jury Trial if you're worried about Judges. Most of the jury will have probably had similar experiences and might be shocked at what they learn with what you teach them.

Seems that a JURY trial would be intimidating a bit for the opposing side if they know they were not following statutes and procedures.

Hmmmm....funny you say that. One of the lawyers I was talking to yesterday suggested the same thing. I think that's probably a great idea, if I can get away with it. I wonder if anyone here has done that regarding FDCPA/FCRA?

Thanks guys. ;)

Share this post


Link to post
Share on other sites
So Chase have you ever thought about going to law school? :shock:

How much do you charge for consultation? How about coming to OKC?

:roflmao: They'd kick me out of law school. Don't think I'd be very good at that....I whine too much (as you can see). LOL

I don't charge for consultation...I answer anything I can and then tell people to ask the boards for anything I DON'T know.

I was just in OKC actually....unrelated, of course. :wink:

Share this post


Link to post
Share on other sites
Why is it you can't dismiss your state counter-claim and then file a seperate complaint in US District court?

Well, I suppose I COULD. I never really thought about it that way. If I did that, what would happen to my case as it stands now? I mean, they're still suing me for $3000...what would happen to that? That suit would simply proceed and you'll have to defend against it. Fiiling your complaint in federal would show the plaintiff you're serious about pursuing their FDCPA violations.

Second, if you've already filed your CC in state, why do you want to move it to federal?

Because, even though people on the net say it can't be that bad, the lawyers I've talked to here (who DON'T want to take my case) say that OK state judges are suck suck suck and don't give a rat's about FDCPA. Apparently, they're going to say "do you owe the debt? You do? Then pay it." I do have a strong case though...hard evidence and straightforward caselaw to back up everything else. By all means, go ahead and file in federal...especially if you think you could wind up with more damages that the plaintiff is claiming, the $3K. If I were you, I'd file in federal with a JURY DEMAND.

Check with the Court Clerk ($) about possibly doing a Request for Jury Trial if you're worried about Judges. Most of the jury will have probably had similar experiences and might be shocked at what they learn with what you teach them.

Seems that a JURY trial would be intimidating a bit for the opposing side if they know they were not following statutes and procedures.

Hmmmm....funny you say that. One of the lawyers I was talking to yesterday suggested the same thing. I think that's probably a great idea, if I can get away with it. I wonder if anyone here has done that regarding FDCPA/FCRA?

Thanks guys. ;)

Share this post


Link to post
Share on other sites
Court TV would hire you in a second.

So would Hustler...but that's not the point. :wink:

WOW!

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.