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stupid person needs lawsuit help

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I’m a new poster here, but have been reading for awhile and have learned a lot for which I am very thankful.

I live in WV, being sued by Mapother & Mapother PSC of Louisville, KY for Citibank, SD, NA over an alleged balance of $2197.

Their initial letter was signed by lawyer but said no lawyer has looked at my case yet. My 2nd request for validation resulted in 7 Citi Card “statements” dated 2/06 through 11/06, with fax or computer code running across the top. They were supposedly sent to: my correct name, Attny Account – Code+LC56, incorrect City, State (MA) and Zip. I never received these statements. This could be a charged off account, last payment 10/04.

Next came the Circuit Court summons. My Answer: denies all statement made by plaintiff; Affirmative defenses: 1) plaintiff fails to provide sufficient facts whereby demand for judgment against the defendant for the sum set forth can be granted; and 2). plaintiff’s demand would result in unjust enrichment as the plaintiff would receive more money than entitled to receive. And Counterclaims: 1) plaintiff violated 15USC 1692e by falsely stating, misleading and/or misrepresenting that plaintiff’s complaint is an account stated; 2) plaintiff violated 15 USC 1692e 807(2)a by falsely stating, misleading and/or misrepresenting the character, amount, and/or legal status of the alleged debt. And 3) plaintiff violated 15 USC 1692e 807(10) by the use of false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. As a result, defendant is entitled to statutory damages, reasonable costs and fees. I asked the court for consideration and relief.

Next I get a time frame order from the Clerk of the Court ordering court annexed mediation to be completed by 6/2207; joinder-amendments to be effected by 2/28/07; discovery completed by 6/22/07; motions completed by 9/24/07; pre-trial order no later than 10/31/07; pretrial and settlement conference to be held on 11/14/07, with trial scheduled by 11/28/07.

This is scary to me, I don’t know what all the words mean yet, but I spend a week trying to absorb all the legalese, and a few days trying to find info on finding a court annexed mediator.

Then today, bam, I get an overnight mail copy from M&M’s of Plaintiff’s motion to dismiss counterclaim because:

“1. CR 12(B) mandates that a motion making the defense of failure to state a claim upon which relief can be granted “shall be made before pleading if a further pleading is permitted.”; 2. defendant’s counterclaim which is based upon Citibank’ alleged violations of FDCPA fails to state a claim upon which relief can be granted because Citibank is not subject to FDCPA.; 3 Because defendants allegations must fail as a matter of law, her counterclaim should be dismissed; and, 4. a memorandum of law is filed herewith. Wherefore plaintiff Citibank prays for an order dismissing the counterclaims filed by defendant with prejudice and for all other legal and equitable relief to which plaintiff may now or hereafter appear entitled.”

Man, I am so stupid! My counterclaims should have been against the lawyers not the credit card.

So… any ideas what I should do now? Should I start a new suit against the lawyers for the FDCPA violations? Also, I have 2 weeks to get the court annexed mediator. How to proceed, please?


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Check and see if WV has a mini-FDCPA that aaplies to OC's - some states do. You can cross move to ask the court for permission to amend your answer since what you meant was the lawyers ( or the CA) representing Citibank violated the FDCPA and Citibank is responsible for itd agents actions as well as having negligently hired an FDCPA violator. You can do this along with suing the lawyers under a separate action.

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