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Bringing up FDCPA violations during trial.


ADSOFT
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If the plaintiffs lawyer can't prove the amount of the debt or that the plaintiff owns the debt, how can I bring up FDCPA violation charges during the time span of the case and before trial.

Do I have to win the case to sue for FDCPA violations and then sue them after I win the case.

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Counterclaims are common for FDCPA violations. You would need to check your state's rules of civil procedure on a counterclaim. Many states allow counterclaims in the answer and allow a defendant to file an amended answer.

Original creditors and junk debt buyers often use collection agencies or law firms to do the collection work and incur FDCPA violations and then sue under their (the OC or JDB) name. As a result, it is harder to pursue the violation against the OC or JDB and often requires the claim to be pursued in a separate action.

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I found a couple of cases that are on point to demolish the "litigation shield" in law suits. the cases are: Komnarova v. National Credit Acceptance Inc, 175 Cal. App 4th 324(Cal. App. 1st Dist 2009 and Action Apartment, supra 41 Cal. 4th at p.1246.

The gist of these cases are that during litigation discovery abuses such as calling employers, subpoenaing Third party records, not validating the debt, sueing with lack of standing are not allowed. These can also hold process servers to account as agents of the plaintiffs.

I believe that with these cases in a motion to amend answer and counterclaim, that the judge will have to allow it if the "abuses" occured sequal to the start of the action and if you DV'ed and the immediately sued.

That being said the judge in my case said "improper venue" when I brought the violations up. I think if I would have had the cases right then I might have gotten my motion to quash subpoena for bus. records in my favor.More people bringing up the fact that Plaintiffs cannot violate the provisions of FDCPA and FCRA and Consumer privacy statutes while in the lawsuit phase of collecting it will stop more lawsuits as CA's only use them for leverage or defaults. If you hit them with real fines for bad behavior they will not mess with you. I also think that in your trial brief "which every one should do" you can use the violations to bolster your affirmative defenses.

"because this is Spartaaaaaaa!"XFryingPanX

Edited by Seadragon
hit button before I could add how this is relevant to counterclaims sorry
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