Jump to content

California Case-Counter Claim for FDCPA/RFDCPA Violations


Recommended Posts

Check out a recent, 2012, case from the San Mateo County Superior Courts on how to write a counter-claim for violations of FDCPA and RFDCPA. 

 

Site: http://openaccess1.sanmateocourt.org/openaccess/civil/default.asp

Case No.: CLJ514187

 

 

 

Also, the case has good examples of how to write ROGS and PODS and and a Motion to Compel Discovery that includes Defendant's BOP request.

 

All the docs were written by a consumer law center lawyer.

 

The case was against CACH.  Defendant alleges that the debt was passed the SOL among other things.  CACH filed an answer to defendant's counter-claim but did not respond to her MTC discovery.  The MTC discovery was granted and a month later CACH dismissed the case.

 

Carol-Lynn

  • Like 1
Link to comment
Share on other sites

The case was against CACH.  Defendant alleges that the debt was passed the SOL among other things.  CACH filed an answer to defendant's counter-claim but did not respond to her MTC discovery.  The MTC discovery was granted and a month later CACH dismissed the case.

 

 

 

What a great link.  Kinda like a free PACER  account for us in Cali.

 

The term "alleges" just kills me.  CACH flat out admits in their complaint that they bought the debt on 9-5-2006, which means the SOL started on at least 3-5-2006, and the SOL in Cali if 4 years.

 

Having read all the pleadings, I am pondering a few thoughts.

 

1) Def sent the 454 BOP request on 2-3-2012 and it was due on 2-13-2012.  Why did the Def Atty wait 4 months to file the MTC the 454 discovery.  I would have done it on day 11, based on what i have read on this board.

 

2) CACH has 14 Affirmative defenses on the cross complaint, all of which are laughable.  My personal favorite -

     "ELEVENTH AFFIRMATIVE DEFENSE (Bad Faith)
Cross -Complainant's claims are precluded because he has brought his cross-complaint in bad faith."
 
Let's see, CACH files a lawsuit 2 years after the SOL and the P is acting in bad faith...LOLOL
 
3) Mutual dismissal with prejudice.  Is it fair to assume that CACH ended up writing a check.  I mean really, this is probably the best slam dunk case against a JDB that I have seen so far.
 
Link to comment
Share on other sites

Check out a recent, 2012, case from the San Mateo County Superior Courts on how to write a counter-claim for violations of FDCPA and RFDCPA. 

 

Site: http://openaccess1.sanmateocourt.org/openaccess/civil/default.asp

Case No.: CLJ514187

 

 

 

Also, the case has good examples of how to write ROGS and PODS and and a Motion to Compel Discovery that includes Defendant's BOP request.

 

All the docs were written by a consumer law center lawyer.

 

The case was against CACH.  Defendant alleges that the debt was passed the SOL among other things.  CACH filed an answer to defendant's counter-claim but did not respond to her MTC discovery.  The MTC discovery was granted and a month later CACH dismissed the case.

 

Carol-Lynn

 

This is really an excellent site for CA residents.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.