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Can I Counterclaim?

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I was served a summons from the court, filed by a JDB

I Sent/Filed an answer

I Sent a request for validation

I Received interrogatories, admissions, & production of documents from #1 Attorney for Plaintiff

I Sent/Filed the answers to the interrogatories, admissions, & production of documents to the #1 Plaintiff's Attorney

Pretrial #1- A different Attorney (#2) showed up for Plaintiff

I Gave/Filed discovery requests to the #2 Attorney for Plaintiff (interrogatories, admissions, production of documents) And Electronically sent them to #2 Attorney's email address (as he requested)

#1 Attorney for Plaintiff filed motion for summary judgement


I Never received validation of debt from #1 Attorney for Plaintiff

I Never received discovery responses from either Attorney for Plaintiff

I Never received #1 Attorney for Plaintiff motion for summary judgement (found out, online court docket, last sunday, 3 days before the #2 pretrial)


Sent/Gave= to Attorney for Plaintiff

Filed= to the Court

All by USPS Certified Mail, With Return "Signature" Receipt Card


Today Pretrial #2, I was prepaired to file a motion to dismiss summary judgement, if the case did not get dismissed.

The case did not get dismissed, I then asked for a copy of the summary judgement from the Plaintiff, and I was ready to file the motion to dismiss.

The court is giving me 28 days from today to file my motion to dismiss.


(Above is over a 4 month period)

Now here is my question, Can I include a counterclaim in my motion?

Thanks in advance

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Admin, I thank you for your response.

I am new to this game, been doing research for a few months now.

I just want this JDB to go away, however I feel the Attorney for the JDB, has abused the system. I don't want anyone else getting the shaft this way:

Filing a motion for summary judgement and not sending a copy to the defendant So the court will grant the summary judgement if the response from the defendant isn't filed within the time allowed.

What kind of crap is that?


I am trying to find out if there are FDCPA violations that I can quote, I already know the debt validation, but what about, not responding to my discovery requests? What about fraudulent "proof of service"?

(on the motion I received from the attorney for Plaintiff today: the Proof Of Service shows sent on June, 6 2008 & the 6 is crossed out, written below the 6 is 16 however the pretrial #1 wasn't until the 18th of june, and the court did not receive the motion for summary judgement, until june 30th.

I never received the motion for summary judgement (until today, when the attorney handed it to me) and I am only 2 miles from the court!

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You need to answer the MSJ.... and state that you have not

received all those things above......

conclude your answer with a PRAYER and PRAY that his honor

would find in your favor because he failed to do the things you mentioned and also mention you were not notified of the MSJ as required.

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In some jurisdictions the counter claim must be filed with your answer. If this is the case for you then file a new action.

From what you wrote, I don't see any FDCPA violations jumping out at me.

What you may want to try is a motion for sanctions. Ask the court to fine these Bozo's for all there abuses of process, no money in your pocket but it slaps their pee pee's if the judge goes for it.

You could probably file it on the same document with the MTD.

Title it something like; Defendants motion to dismiss and for imposition of sanctions. You should ask for prejudice as well.

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blueranger, I thank you for your response.

I already have a 3 page "motion for dismissal of summary judgement" prepared, and I was ready to file it with the court, and give a copy to the attorney for plaintiff today.

However, the court granted me a 28 day clock, starting today.

I just wanted to know If I can add a "Counterclaim", to a "Motion for dismissal of Summary Judgement"? Or would I look like a fool?

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your honor, I ask for latitude I am an untrained layman

representing myself and the petitioner is an expert attorney

who has failed to xxxxxxxxxxxxxxxxxxx and who intentionally


I pray that you will dismiss this petition for the failure of the

petitioner to follow the long standing court policies.

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your already the fool because you are representing yourself.

dont worry about that...

look at the rules and see what is allowed.... I would think the best way to win money is to sue and show the violations and win the case that way....

I think when your being sued you should just want the case dismissed or want to win the case. You dont want to file to many motions...

I am currently in foreclosure and I will try to win or get the foreclosure case dismissed..... and I will counter sue for violating the preditory loan law of kentucky.... Later If necessary I may ask for the suits to be combined and bound over for a jury trial....

If your looking for money I would do that in a seperate case.... dismissal of the case is a wonderful sanction...

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I think the best way to win money is to sue for violations

of the Fair Credit law.... lots of people have won sanctions that

way....but as I understand these folks sued you...

So the best thing that could happen is if your case is dismissed...

If your case is not dismissed then counter sue for violations....

what is this case over anyway...

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