beeboah Posted July 19, 2007 Report Share Posted July 19, 2007 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. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 19, 2007 Report Share Posted July 19, 2007 Yes they can continue. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 19, 2007 Report Share Posted July 19, 2007 do you owe what they are counter suing for? Link to comment Share on other sites More sharing options...
beeboah Posted July 19, 2007 Author Report Share Posted July 19, 2007 do you owe what they are counter suing for?Yes, I owe them $50 lol.They are going to try to sue for a claim that has nothing to do with the account that I am suing for. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 19, 2007 Report Share Posted July 19, 2007 Are you suing in fed or state? Can't countersue you over the debt in fed. Link to comment Share on other sites More sharing options...
beeboah Posted July 19, 2007 Author Report Share Posted July 19, 2007 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 Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 20, 2007 Report Share Posted July 20, 2007 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. Link to comment Share on other sites More sharing options...
beeboah Posted July 20, 2007 Author Report Share Posted July 20, 2007 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. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 20, 2007 Report Share Posted July 20, 2007 Even if you dismiss and re-file in fed, their countersuit is still active. Link to comment Share on other sites More sharing options...
Sky Warner Posted July 22, 2007 Report Share Posted July 22, 2007 They cannot sue you for an unrelated matter.If you filed against them for their violations regarding account A.. they cannot sue you for account B . It doesnt work like that.The countersuit must be a DIRECT RESULT of the original suit.There ya go Link to comment Share on other sites More sharing options...
uwackme Posted July 23, 2007 Report Share Posted July 23, 2007 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. Link to comment Share on other sites More sharing options...
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