Jump to content

Collections case - counter claim question


cdmosaic
 Share

Recommended Posts

I am being sued by Citibank (in California) for two different collection cases. In my answer on the first one I included a counter claim for the attorney’s failure to respond to my VOD. On the second one the attorney never contacted me at all and I did not know about this until I received the summons.

I read through the FDCPA and it seems that attorneys do not have to make contact before filing a suit, but I would like to confirm that before I file my answer this week.

Is there any counter claim available to me for this being the first contact?

Thanks so much, this board has been a great help.

Link to comment
Share on other sites

In my answer on the first one I included a counter claim for the attorney’s failure to respond to my VOD.

This one is correct. This is assuming that the attorney did not send DV. If the attorney did send a letter in response to you DV, it would depend upond the wording as to whether the attorney did adequately DV.

If you haven't, read the chaudhry case. All the CA or JDB need do to validate is to confirm with the OC as to whether the debt is correctly matched up with the debtor and then send the results of that confirmation to you.

Is there any counter claim available to me for this being the first contact?

As suggested, there is no violation of the FDCPA for sending a summons. There has been some debate as to whether this would be initial contact or not. I can't remember the outcome

This would be the only possible violation thus far. Once the CA makes initial contact it is required to follow certain procedures.

Link to comment
Share on other sites

Thanks that is what I expected.

As to the first case, no they did not respond in any way to my VOD. In fact I wrote them 30 days later with a settlement offer that they never responded to either. Then 3 months later I receive the summons.

Now, they have failed to initiate the meet and confer or produce the documents I requested, but they did offer to settle, finally, but sent the letter 1 week after it was dated and I received it after the offer expired!

I expect the same treatment for this second suit as well. Just twice the headache and work on my part.

Thanks again for all the advice.

Link to comment
Share on other sites

If you DV'd their lawyer and he did not answer before suing you, then you would have a claim against the lawyer. Separate suit.

I believe the op could cross claim the lawyer. The op could start a separate suit but the court would likely put the two together as the facts are pretty much the same.

The op would probably save filing fees but would need to have the attorney served, which would cost something.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.