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dont want to beat a dead horse, but in federal court again. per action/per violation


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the scenario below is fictional, names have been made up, but its better for me to illustrate my problem. For the purpose of my final question let us assume that the facts and circumstances that i present (violations that occured) are true and not in dispute. so lets not spend time discussing the validity of the facts.

im going to use midland as an example, although they are not the defendant in my federal case.

scenario 1

i live in brooklyn. in an attempt to collect debt, midland sent filed a lawsuit against me on November 2010 alleging an owed Chase credit card debt. the lawsuit they filed against me is past the statute of limitations. the lawsuit filed against me was filed in the state of new jersey, where i dont live. so in my counterclaims i ask for FDCPA violations in the amount of $1,000 for

1-suing me past SOL

2-suing me in district that i dont live.

scenario 2 happens almost a year after scenario 1

i still live in brookyn. in march 2011 midland is attempting to collect on an alleged DISCOVER card debt. the lawsuit is past SOL. the lawsuit against me is filed in massachusetts, where i dont live. they also called me by telephone, i recorded the call, and they said if i dont pay them the money they allege i owe, they will arrest me and put me in prison for life. so i answer the complaint and assert my counterclaims alleging FDCPA violations and ask for $1,000 for:

1-suing me past SOL

2-suing me where i dont live

3-threat to take action that cannot legally be taken.

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the discussion & question

when looked at independently, my counterclaims can survive and i will probably prevail based on the proof that i have.

the question is this: how can i file ONE lawsuit in New York and ask for $2,000 when the FDCPA statute states(i think) that its $1,000 per action??? i filed one federal court action and i want my $2,000, i dont want to walk away with $1,000.

should i file a motion for misjoinder of claims?

:confused::confused::confused::confused:

this whole $1,000 per action thing is stupid.

nobody has filed a motion yet, but i like to be well prepared and i usually am anticipating every motion. im on a winning streak, i dont want this to bring me down

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the closest thing ive come to is the dissents in $1,000 per claim fdcpa - Google Scholar

ill be on lexis computer next week to dig deeper into this, and possibly force misjoinder if it fits

i can also assume that the key is to define the term "action" which i have been unable to find, and also the term "debt" which is defined in fdcpa definitions

Edited by jackson212
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