RNJ Posted July 18, 2006 Report Share Posted July 18, 2006 Hello everyone, from Savannah GA...Well, here is the lastest on my case. A CA filed a suit against me for about $3,200.00, last year... Upon reveiwing this site and AOC, I used various affirmative defenses, and file a counter claim against the CA for FDCPA and FCRA violations, asking for $6,000.00 . Well State Court called me today to tell me, the CA wishes to dismiss there claim against me, and they wanted to know if I wanted to proceed with my Counter Claim... I have to let them know ASAP, since we were suppose to be in Court tomorrow at 10AM.WHAT TO DO? Should I dismiss my counter suit, or proceed? If I loose, will I have court cost? I rather just walk out no money gained or lost... but heck if I win, I will have $6,000 and that will help nicely, since my transmission just died in my car a couple days ago, and now I am force to rely on public transpotation.I just wish I knew what to do!Bobby Link to comment Share on other sites More sharing options...
admin Posted July 18, 2006 Report Share Posted July 18, 2006 It's hard to say without seeing what you filed as your counter claim. But the overall news is pretty good. One note, if the judge thinks your case is frivolous and you lose, then yes, you may have to pay the otherside's court costs.Why don't you call the law firm and ask them to settle out of court? Even a couple of hundred dollars is better than nothing. Link to comment Share on other sites More sharing options...
hannah Posted July 18, 2006 Report Share Posted July 18, 2006 Are they going to dismiss with prejudice? If not, then when you call them about settling your counterclaim, make it contingent upon that type of dismissal or you could find yourself back in court. One case I know of took the dismissal and dropped her counterclaim. Plaintiff JDB filed new complaint after SOL had run on the violations. She lost. 1 Link to comment Share on other sites More sharing options...
RNJ Posted July 18, 2006 Author Report Share Posted July 18, 2006 YES, We agreed to dismissed our claims (both the claim, and my counter claim) be dismissed with Predjudice...The only execption, is the CA aggreed to "reemove the bad debt listings from the CRA's that are associated with the accounts that were subject of this suit."I am So HAPPY ! ! ! ! ! ! Link to comment Share on other sites More sharing options...
Carolinablue Posted July 18, 2006 Report Share Posted July 18, 2006 WOOHOO!!! That is fantastic!!! Link to comment Share on other sites More sharing options...
GreatGadsby Posted July 18, 2006 Report Share Posted July 18, 2006 congrats! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted July 18, 2006 Report Share Posted July 18, 2006 YOU GO BABY!!!!!! Link to comment Share on other sites More sharing options...
RNJ Posted July 19, 2006 Author Report Share Posted July 19, 2006 To Everyone on this Board that helped me through this.... THANK YOU SO MUCH! I can not describe, how happy I feel rightnow.... It's kind of a euphoric feeling.....Thanks a BUNCH....Bobby J Savannah GA! Link to comment Share on other sites More sharing options...
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