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Question about causes of action/ counterclaims


abmyers
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What are some general counterclaims/ causes of actions that I should be using in CC collection cases when the following are the conditions of the case?

1.) I never validated (shame on me!)

2.) Have no evidence of FDCPA or FCRA violations (they were a long time ago and I didnt write them down)

3.) Action is brought by OC

4.) Case was originally vacated for lack of service (outright fraud but probably on the part of the process server)

5.) Within SOL (I think. I still cant verify the last payment date)

Any ideas? All I've got now is court costs!

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5.) Within SOL (I think. I still cant verify the last payment date)

Ask for statements from the OC (or the CA which the OC has assigned rights to collect) which establish DOFD. I've noticed that DF's usually tack on about 6 months extra. You may be able to cut several months off whatever SOL the CA is assuming.

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What are some general counterclaims/ causes of actions that I should be using in CC collection cases when the following are the conditions of the case?

1.) I never validated (shame on me!)

2.) Have no evidence of FDCPA or FCRA violations (they were a long time ago and I didnt write them down)

3.) Action is brought by OC

4.) Case was originally vacated for lack of service (outright fraud but probably on the part of the process server)

5.) Within SOL (I think. I still cant verify the last payment date)

Any ideas? All I've got now is court costs!

ab,

Your question about COUNTERCLAIMS is a REALLY good question, and one that I have found precious little on in my time spent scouring CIC under those circumstances (inside SOL, OC, no apparent FDCPA violations, etc...) I'd love to hear even ONE, but no one has come forward with one I am aware of...

As far as validating goes, I'm not convinced it's the best thing, because many people got a lawsuit from their OCs or CAs after validating them! Let a sleeping bear lie?

I'm going after real party in interest, because I think the collection attorney who claims to represent the OC may actually be a JDB.

notagain xxheartxx

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