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If I am suing a creditor and they countersue, is their action done if I dismiss?


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I am suing a creditor within SOL for FCRA violations. They "claim" that they are countersuing me, but the clerk has no evidence of this.

If they happen to countersue me, I was wondering if they can continue their suit if I move to voluntarily dismiss?

Or do they need to start a new civil action?

Thanks for your time.

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Are you suing in fed or state? Can't countersue you over the debt in fed.

State, that is interesting. I didn't know that.

Anyways the story goes that they are trying to countersue me over another account that has nothing to do with the account that I am suing them on.

BTW couldn't I voluntarily dismiss to remove to federal if that is the case?

Thanks

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You proabably can't dismiss your GDC claim and then refile in Federal, but they are likely to keep their claim against you going. Is this one of the creditors that you sued at the same time as some others? If so, do they know you have multiple suits going on? I suspect, if they do know, that they are trying to over power you.

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You proabably can't dismiss your GDC claim and then refile in Federal, but they are likely to keep their claim against you going. Is this one of the creditors that you sued at the same time as some others? If so, do they know you have multiple suits going on? I suspect, if they do know, that they are trying to over power you.

Ok, what do you mean by "overpower" me? They are aware of the multiple suits, they were all sitting in the courtroom.

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Exactly. So you can leave the case where it is, though filing Federal would have been better. Getting it moved NOW is subject to rules on transferring, so you have to read your courts (both state and fed district) and see if time limits, etc have past.

But in the actual case, you file for summary dismissal of thier counterclaims as unrelated to the case at hand.

They can go file a new suit over them against you, but that's thier business.

Meantime, they can't go fuddling up your suit with nonsense.

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