ADSOFT Posted April 30, 2010 Report Share Posted April 30, 2010 It's pretty obvious that most Plantiffs over state a debt when they sue.This is a clear violation of FDCPA, which most lawyers place they are trying to collect a debt under fdcpa rules.Hence if after you make them validate a debt (via DV or via a BILL OF PARTICULARS motion), and you expose their MISREPRESENTATION, do you open a counter suit against them, ask the court to fine, communicate the misrepresention to the Trade Commision, Ask Plantiff to drop lawsuit for violation of FDCPA rules, Reduce debt amount and settle for a lower amount? Link to comment Share on other sites More sharing options...
jkg3 Posted April 30, 2010 Report Share Posted April 30, 2010 Anyone who sues you should receive a countersuit. Link to comment Share on other sites More sharing options...
Massive Posted April 30, 2010 Report Share Posted April 30, 2010 It's pretty obvious that most Plantiffs over state a debt when they sue.This is a clear violation of FDCPA, which most lawyers place they are trying to collect a debt under fdcpa rules.Hence if after you make them validate a debt (via DV or via a BILL OF PARTICULARS motion), and you expose their MISREPRESENTATION, do you open a counter suit against them, ask the court to fine, communicate the misrepresention to the Trade Commision, Ask Plantiff to drop lawsuit for violation of FDCPA rules, Reduce debt amount and settle for a lower amount?My wife was harassed by a junk debt buyer for a couple years before being sued after I got tired of the collection letters(which I kept a tight file of) and sent them a letter telling them to stay out of my wife's commercial affairs as all they were, were a third party interloper. Of course my wife was worried about having to appear in court so we conferred with an Attorney and I pointed out all the FDCPA violations, even with that the Attorney said we may be able to get some of the debt reduced but not all of it. He sent a letter to us a few days later saying he couldn't represent my wife because he thought I wanted to make money on the lawsuit. So, I had my wife file an answer, affirmative defenses and a counter suit for the amount they were suing for about $17,000.00. The law firm filed a motion for a more definite statement. So I included all the FDCPA violations: debt not correct, collection agency threatening wage garnishment when not authorized by debt buyer in this state, debt buyer stating on credit reports that they were a Collection Agency Attorney, debt buyer re aging the debt, of course I attached all the collection letters. The following Saturday morning my wife gets a call from the JDB's Attorney asking her if she'll drop her counter suit then they would drop their complaint. I told my wife I would pursue the litigation, but she wanted it to be over. I told her to tell the Attorney to make sure it is "With Prejudice" she did and he said sure. $17,00.00 extinguished. So if you keep good records you can nail them!! Furthermore I prefer to represent myself in civil actions. I'm not impressed with esquire's ethics or intelligence. Most of them are lazy and rely on debtors failure to appear to obtain a default judgment. Link to comment Share on other sites More sharing options...
shrinkingviolet333 Posted April 30, 2010 Report Share Posted April 30, 2010 Anyone who sues you should receive a countersuit.Is that really TRUE? What if they are saying they are OC? Does that cost money to countersue? Do you have to do that right away when you answer? Or can I do it even tho we'ver already been going back n forth?Sorry to ask so many questions. I'm from FL it that makes a difference to the answers to my question. Link to comment Share on other sites More sharing options...
jkg3 Posted April 30, 2010 Report Share Posted April 30, 2010 Is that really TRUE? What if they are saying they are OC? Does that cost money to countersue? Do you have to do that right away when you answer? Or can I do it even tho we'ver already been going back n forth?Sorry to ask so many questions. I'm from FL it that makes a difference to the answers to my question.I would absolutely countersue anyone who sued me. In the case of an OC, I would consider suing for a Regulation Z violation. Look at your statements. Did they raise the rate on the card at any point? Make them prove they did so legally. If they can't prove it, you win.Did they call you and harass you? Did they threaten you? You can sue for those things, too. Link to comment Share on other sites More sharing options...
poorbloke Posted April 30, 2010 Report Share Posted April 30, 2010 who do you countersue? do you sue the lawyers representing them or do you sue the JDB that is outa state? Link to comment Share on other sites More sharing options...
jkg3 Posted April 30, 2010 Report Share Posted April 30, 2010 who do you countersue? do you sue the lawyers representing them or do you sue the JDB that is outa state?If an attorney violates your rights, you sue the attorney separately. If the OC or JDB has violated your rights, and the OC or JDB sues you, you countersue. Or, even if they don't sue you, you can sue them. This is risky, because they may countersue for the debt.It is always safe to sue an attorney who has violated your rights, because they would have no counterclaim against you. They are not a party to the debt, and would have no counterclaim. Link to comment Share on other sites More sharing options...
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