Tsandy7 Posted January 4, 2005 Report Share Posted January 4, 2005 My neice is being sued by Cavalry SPV and they have an attorney who now wanted to settle this was in oct.what do you do when a attorney for a ca wants to settle, but has not validated the debt as requested for the 1 vod request and the 2nd vodrequest. all he sent was the last statement received on this account. He did not answer my discovery info, but we answered his. the cout date is 10/19. this credit card was reported lost to providian and thay did nothing now a collection agencyn has it .We went to court in Nov. because the attorney post pone the the oct date. we went in nov, the attorney did not show up, the Judge called my neice up to the the bench told her that he did not really like the way we did thediscovery and the interr. we did not follow ohio rules of procedeure. he stated to her that he knows the rules, the attorney knew the rules, she should learn the rules, he could have given the credit a summary judgement, but said he would not and for her to talk to the attorney and make some arrangements to pay them. On top of this the Judge told my neice that he did not really get a chance to read her case. (something is wrong with this picture) About a day or two later she calls the court to find out that the attorney has dismissed the case without prejudice and now he is back suing her again with a different CVF case number. We have to got through this same thing again, I am doing her answer at this time.IS THERE NO JUSTICE? WHAT CAN WE DO - HOW DO YOU FILE A COUNTER CLAIM?tsandy7 Link to comment Share on other sites More sharing options...
Guest Posted January 5, 2005 Report Share Posted January 5, 2005 the way you file a counterclaim is to basically copy the claim they wrote against you and then change the wording around a bit on it.I am not saying copy it exactly but you state the facts and how they screwed up then ask for damages because of it.Basically you want to outline what they have done and what relief you are seeking because of what they have done.There are some great examples here on the boards.. Check those out.. especially CMChase's answers and counterclaims.Good Luck Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 5, 2005 Author Report Share Posted January 5, 2005 Thank you, I will certainly do that.This is the most wonderful sight that I have been on.It seems as if you are not alone.Thanks againtsandy7 Link to comment Share on other sites More sharing options...
Chancy949 Posted January 5, 2005 Report Share Posted January 5, 2005 ask CMChase SHE KNOWS HOW!!!! Link to comment Share on other sites More sharing options...
c m chase Posted January 6, 2005 Report Share Posted January 6, 2005 I thought I felt my ears burning.Here's a copy of my answers, defenses and counterclaims. We'll work on counterclaims. Get together all your paperwork and anything that the CA and CA's lawyer has ever sent you if you still have it. We'll go from there.When is your answer due?*since no response has been put up lately, I took down my case in case of prying eyes...if you want to see it, please PM* Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 18, 2005 Author Report Share Posted January 18, 2005 Sorry CM Chase, I just got back on site, I sent you a pmtsandy 7 Link to comment Share on other sites More sharing options...
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