Sign in to follow this  
peanutrs

Should I ~ Defendant Counterclaim ?

Recommended Posts

Brief description of my case.

LVNV Plaintiff

untimely affidavit and no autheticated docs.

Plaintiff just lost their MSJ on 3/20/2013 !  :)

This case is in Michigan.

 

I have not filed a counterclaim.

And was wondering if it is too late to and should I ?

 

People have told me that Plaintiff will most likely dismiss before trial 4/15/2013.

 

PLAINTIFF has violated some Fair credit reporting.

SOL, reporting more on CR than suing me for, also statement on CR that the amount was more than they are reporting, but still amount they are reporting is more than they are suing me for. 

Also, suing me for debt they cannot prove I owe.

 

However, I did NOT serve interogs, POD's to the Plaintiff via discovery. 
Pretty much answered what they threw at me in their interogs, POD's.

 

Any opinions would be appreciated.

Any links would be appreciated as well.

Share this post


Link to post
Share on other sites

Brief description of my case.

LVNV Plaintiff

untimely affidavit and no autheticated docs.

Plaintiff just lost their MSJ on 3/20/2013 !  :-)

This case is in Michigan.

 

I have not filed a counterclaim.

And was wondering if it is too late to and should I ?

 

People have told me that Plaintiff will most likely dismiss before trial 4/15/2013.

 

PLAINTIFF has violated some Fair credit reporting.

SOL, reporting more on CR than suing me for, also statement on CR that the amount was more than they are reporting, but still amount they are reporting is more than they are suing me for. 

 

You may have a case under the FCRA, I haven't spent too much time looking at it, so I can't say for sure. I think KentWA would know more about this.

Also, suing me for debt they cannot prove I owe.

No dice on this one. Your remedy for this is to ask the court for sanctions. You cannot be sued for not making your case. You may be able to get costs, too.

 

However, I did NOT serve interogs, POD's to the Plaintiff via discovery. 

Pretty much answered what they threw at me in their interogs, POD's.

Has no effect on a counterclaim. Actually, it is probably too late to file one anyway, usually they give you a time limit. Filing it with the answer or very shortly after is the preferred method in most states.

 

Any opinions would be appreciated.

Any links would be appreciated as well.

Share this post


Link to post
Share on other sites

Have you disputed the information on your CR?  If not, you need to do that before filing a complaint based upon that information.

Share this post


Link to post
Share on other sites

Hey Peanuts,

Check your local court rules about adding a counterclaim, or, sometimes you can amend an answer and add the counterclaim, You are probably too late on both of these, but you never know untill you try. However, you could also just file a new case against them.

 

I filed a counterclaim against CACH late in the litigation, even though I knew the court would not allow it. I just wanted the lawyer to know I was trying to get a suit against them. Later I told him that I was just going to file a new lawsuit against them. When we were talking about them dismissing, one of his main concernes was that i would drop my lawsuit.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this