Counter Claims and Cross Claims

[antiquedave]

I have counter claims in my original pleading and have a hearing for leave to amend the pleading where among other things I am including other counter claims and a cross claim.

I know that when we sued on FDCPA an affidavit from myself was included with the complaint and at some point the pictures of the cell phone display and recording were provided to the defendants.

So I have these counter claims, and I have to notice the cross claim defendant, so in a civil action where you have these counter and cross claims at what point do you submit an affidavit (do you have to?) and your evidence, and do you format a complaint or does the counter claim in your pleadings serve as the complaint?

Anybody have experience in successfully prosecuting a counter and cross claim?

[Chapel Hill]

In California you would do exactly what you've done. First you'd call the ole boys up on the other side and say to them, will your client stip? Their hubris would cause them to make wise but either not answer your question or say NO.

Both very good for you in California because it sets up your first kick their a$$ in a motion hearing. It's a fairly straight forward motion that most Calfornia residents would be able to meet to get the motion granted.

So boom, you've got your cross-complaint. Now the real fun begins. As part of your legal strategy you filed the cross. Well you filed to get money. Go out and get your money. Make it expensive for them to pursue and defend. This is typically done in discovery. Who can you depose, when, where? Hit with form and special rogs. Just every week you should be calling and sending over meet and confer documents about something. Remember everything they have to respond to an their responses costs their client money. Even if it's a law firm who bought the debt pretending to represent the original creditor your actions costs them time they could be billing a paying client or planning to lien the real property or garnish the wages of some defendant who hasn't defended their case well. These guys spend lots of time and money to get to those that haven't done what you are doing and thats firing off your discovery. They don't spend thousands of dollars because they have it to throw away. They know that some folks just won't do the work that is required and therefore they will beat a weak defense if the case goes to trial.

These collection lawyers for sure know that any cross-plaintiff firing off a cross-complaint with tight discovery they will have to pay to drop the case with prejudice.

Go to your leave hearing. Win the motion. Ramp your discovery up tight. Get your meet and confer letters, emails going out once a week. Bring the pain, collect your cash.

[antiquedave]

can you shed a little more light on the meet and confer and what happens, what you request of them?

They tend to send me a letter although I have not gotten anything on the motion to amend pleadings, Are you saying ask them directly for permission to do xyz on everything I'm considering?

and then ask them to meet with me to discuss it?

[Chapel Hill]

Dave my comments relate to California civil litigation so keep that in mind. Your meet and confer actions are part of your overall legal strategy. Basically, you're putting together admissible evidence to meet your burden. Call it what you like but all of your actions are to that end.

Specifically as it relates to your motion hearing. My first step would have been to call the other side and ask them to stipulation to my filing a cross-complaint. If they stiped no need for a motion hearing. Almost no way they would ever stip. I just don't think their ego would let them. Or maybe they really do have a client and their client really likes to beat at trial those too lazy to do the work required. You never really know and the circumstance around each debt is different.

So your meet and confer documents always follow a telephone call. You need to be able to go into open court look the trial judge in the eye and say "your honor on March 22 @ approximately 11:31am I called counsel for the cross-defendant and this is what happened. " You then need to introduce cross-plaintiff's 26 which is a true, correct and complete copy of yayaya, attached hereto and yadayaday.

You take my point?

It's not about real communication. Hell every side has an agenda. Both sides are working to win. Whether you talk to a clerk, paralegal or named partner your conversation is the same. In California it would be I'm making a Section 98 offer of $15,275.93. They will push back with you can pay 40% of the outstanding balance plus $8000 in attorney fees. Your response in California would be I need to push the depo of Mr.XX43 back two hours. I'll see you next week.

You can't collect if you're unwilling to fight. Never bluff. You're paying for the court reporter and the conference room. Push the depo back so that no one eats lunch you just have a big breakfast and bring trail mix and water. Play to win Dave.