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FDCPA violations -- too late to counterclaim?


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I have a growing list of FDCPA violations against a JDB in U*tah.  (If I can win against the JDB's Atty, then I can get the JDB by vicarious liability in a second action, correct?)

 

 

I answered their claims (last year), and embedded (in the answer) my own provisions to add counterclaims at a later date if necessary. (I am in the MTC Arb phase of litigation right now.)

 

 

I'm nearing the 1 year SOL mark on the first FDCPA violation.  Should I:

 

  • Counterclaim (or is it too late now since the Answer is too far back in the case history?)

 

  • File a whole new lawsuit? (and pay the court fees?)

 

  • Hold onto it for JAMS proceedings later? (Or separate the claim and pursue it now in court?) 

 

 

 

Are FDCPA violations tolled since the Claims have been filed by JDB?

 

 

 

 

 

 

 

Input, everyone?

 

Thank you!   :-)

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As long as you have a winnable case go ahead and file it before the SOL runs out. The SOL is one year from the date of the violation. 

 

A lot of attorneys that specialize in FDCPA cases will pay your filing fees for you. If you win the other side will be responsible for the cost plus your attorney fees. If they offer a settlement make sure and ask for the debt to be forgiven with no 1099 and that they delete everything from all three credit bureaus.

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I don't know about your state, but in California one can ask leave to file a cross complaint any time before a trial date is set.

 

I don't know how your arbitration activity fits into that.

 

I imagine that if you added a clause re: future cross complaint in your answer, you might not have to ask for leave to file cross complaint, but I'd check your state statutes on that.

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How would I go about finding an FDCPA lawyer?

 

 I'm in U*tah, and have spent many hours researching online, and have contacted the bar who directed me to LegalM*tch -- which dead-ended as well.

 

Tips in finding an FDCPA lawyer would be great.  :)

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These two are listed on the lawyer section of CIC. I know nothing about these two firms, but they are listed here because other members have recommended them. Just make sure whoever you choose has a background dealing with FDCPA Cases. You want more than just a regular consumer attorney.

 

 

UTAH

Lester A. Perry 
Hoole & King, L.C.
Salt Lake City, UT
(801) 272-7556

 

 

Atkins & Shields P.C.
Salt Lake City, UT
(801) 533-0300

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You can also search the cases you find on the above links and find out the status of the cases on this site. It helps to find the ones that have the quickest settlements. 

 

http://www.rfcexpress.com/search.asp

 

Enter Utah in the drop down menu. 

 

Uncheck "trademark" "copy" and "trademark" and check "consumer credit" and "other statutory actions".

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  • 2 weeks later...

Utah is very hard to find a good FDCPA attorney. There are very few cases filed in this state. I can not at the moment remember the attorney's name, but if you have PACER look at the Brown v. Constantino case to find out who Brown's lawyer was. They did a good job trashing the law firm that filed a suit against Brown.

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Utah is very hard to find a good FDCPA attorney. There are very few cases filed in this state. I can not at the moment remember the attorney's name, but if you have PACER look at the Brown v. Constantino case to find out who Brown's lawyer was. They did a good job trashing the law firm that filed a suit against Brown.

 

Brian W. Steffensen

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