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What are the risks when counter-claim (or cross-complaint) that JBD violated FDCPA and Rosenthal FDCPA?


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Hello all the great helper out there:

 

I have a question,

 

If I, as a defendant in a collection case, file cross-complaint that plaintiff has violated FDCPA and RFDCPA (California), but don't successfully prove my claims in court, what can happen to me?  Will the court make me liable for plaintiff's attorney and trial costs?  

 

NOTE: I am not trying to bring a separate case, just a cross-complaint in the same court, demanding for recovery of my own court fees. 

 

Thank you so much.  

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Hello all the great helper out there:

 

I have a question,

 

If I, as a defendant in a collection case, file cross-complaint that plaintiff has violated FDCPA and RFDCPA (California), but don't successfully prove my claims in court, what can happen to me?  Will the court make me liable for plaintiff's attorney and trial costs?  

 

NOTE: I am not trying to bring a separate case, just a cross-complaint in the same court, demanding for recovery of my own court fees. 

 

Thank you so much.  

 

Yes, you can end up paying their fees and court costs.  If you are unsure whether there is a violation then you should be darn sure before you file a counter claim or a separate action.  

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If you file counter claims under the FDCPA, your case is going to end up in federal court IMO. If you feel that you have FDCPA and Rosenthal claims, your best bet would be to get a consumer rights attorney. I personally see limited upside to litigating your own claims against a CA or JDB since an attorney would be entitled to their fees and costs, if successful.

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@collectionfighter

 

Under the FDCPA, if your claim was found brought in bad faith and to harass, you could end up paying their court costs AND any attorneys' fees in defending your counterclaim.  If they were simply successful in defending the claims, but if the court found there's no bad faith and harassment on your part, you'd only be responsible for the court costs.

 

If you counterclaim, you have to be able to prove the violations are valid and support them with evidence and law or supporting case law.

 

You also need to check your state laws.  State law could also determine whether or not you'd be responsible for attorneys' fees.

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@collectionfighter

 

Under the FDCPA, if your claim was found brought in bad faith and to harass, you could end up paying their court costs AND any attorneys' fees in defending your counterclaim.  If they were simply successful in defending the claims, but if the court found there's no bad faith and harassment on your part, you'd only be responsible for the court costs.

 

If you counterclaim, you have to be able to prove the violations are valid and support them with evidence and law or supporting case law.

 

You also need to check your state laws.  State law could also determine whether or not you'd be responsible for attorneys' fees.

 

So,  If I cross-complaint that JDB misrepresented the legal status of the debt (claiming they own the debt when they are not), all i need to do is preventing them from proving their standing, right?  that is the only thing i intend to cross-complaint any way.  just so i can recover the court costs.

 

I am in CA by the way. 

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When you file counterclaims the first thing the other side will do is file a motion to dismiss. Since you can't file an appeal until final judgment is entered, if the judge grants their MTD, you have to continue fighting their claims, then appeal, then, if the appeals court reverses and remands, you have to go back to the same court and pursue your counterclaims. If that court already decided they rightfully own the debt, your cooked unless you can successfully appeal that ruling too.

There's just too many logistics involved with these kinds of counterclaims. I used to advocate pursuing them but my own experience has made me have a second look and I changed my mind. At least on a pro se status. Talk to a lawyer if you still want to pursue counterclaims.

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If you file counter claims under the FDCPA, your case is going to end up in federal court IMO.

This has not been my experience. I actually filled an FDCPA case in justice court hoping the other side would motion to remove to federal and they didn't do it.

In my present case I filled counterclaims and they just filled a motion to dismiss.

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I too am in California.

 

I had a JDB violate the FDCPA/RFDCPA in several ways.  I luckily kept a paper-trail to prove my case.  After they filed suit to collect on one of three defaulted debts they held in my name I hired a consumer law attorney who filed a separate suit-not a counter-suit-in my local superior court.

 

Long story short, although the terms of our agreement don't permit me to talk about the details know this: I didn't pay anyone a dime and both cases (mine and theirs) ended up being dismissed with prejudice.  All three debts are now history-even the two they never sued on.

 

SkippieB

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