Can I counterclaim in county court?
Date: Sun, 09/21/2008 - 18:30
I've been asking around. Some people say "no" because you need to sue them in federal court to FDCPA/FCRA claim damages. However, others have said that they have received awards in local courts for violations of the FDCPA/FCRA.
WHat do you think?
Did you respond to the summons that the debt was past the SOL??
Did you respond to the summons that the debt was past the SOL?? What are the other violations?
I have not responded yet because I am waiting to see if I should
I have not responded yet because I am waiting to see if I should bother to claim a counterclaim on my response or just file a separate suit in federal court
The FCRA violations are (1) reporting several ghost payments in my credit reports so as to reage the debt, (2) multiple entries of the same account on my credit reports, (3) verifying the account as valid with the credit bureaus with false information, and (4) continuing to report the account with the credit bureaus even though it is under dispute and they have not validated it.
The fdcpa violations are (1) continuing to attempt to collect after receipt of cease and desist letter and (2) continuing to collect after DV was requested.
The FCRA violations come out to $11K ($1K each) and the FDCPA is $1K. I also have about $300 worth of post office receipts from sending all that correspondence return receipt!
I found this info:
There are lots of cases where a FDCPA violation was determined by a county court, and even small claims courts.
Per 15 USC 1692(k):
"d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
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what do you think?
You can claim in that court...sometimes a defendant can try to g
You can claim in that court...sometimes a defendant can try to get it removed to a federal court, but since this would be a counterclaim I don't think they can do that, but I am not 100% on this.
When I was sued back in January, my attourney filed counterclaim
When I was sued back in January, my attourney filed counterclaims against the CA as part of the 'answer'. This was all done at the county court.
Can I add "defamation of character" to my counterclaim? The f
Can I add "defamation of character" to my counterclaim?
The false entries by the CA caused me great public embarrasment at the car dealership when I tried to finance a car and I was denied. It also became an issue when I was interviewing for a promotion at work and my credit report was pulled. Now my coworker think that I am deadbeat.
And if yes, how much should I claim?
Yes you can.:) Also mental anguish for the same reasons.
Yes you can.:) Also mental anguish for the same reasons.
Yes you can. I'd say though, that if you've vested $300 in post
Yes you can. I'd say though, that if you've vested $300 in postage and you have a definite case, may as well go the extra mile and vest in a lawyer that knows what s/he's doing. It'd be a shame to lose a case because you didn't dot your i's and cross your t's -- some courts are very procedural and will toss a case if proper procedure is not followed.
