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Counterclaim or Crossclaim?

Date: Sun, 10/04/2009 - 23:47

Submitted by anonymous
on Sun, 10/04/2009 - 23:47

Posts: 202330 Credits: [Donate]

Total Replies: 5


I'm being sued by a collection attorney who bought the debt from Capital One. The debt is past sol and the lawyer has committed many violations of the FDCPA. So I want to countersue. The lawyer filed the suit naming Capital One as the plaintiff. However, when I contacted Capital One, they told me the account was written-off and sold to a third party (the lawyer's firms) so they had nothing to do with it anymore. They didnt even know that there was a lawsuit going on.

So did the lawyer violate a law by naming the plaintif as Capital One when its really just him who owns the debt? Do I countersue the attorney himself or do I crossclaim against the attorney as third party in the case?


I have the same question and really need an answer. I am being sued also, it lists the plaintiff as Target but when I called Target, they said they no longer own the account. So, how is Target listed as the plaintiff. Shouldn't it be the JDB or law firm as the plaintiff, not the original creditor as they no longer own the account? Please someone answer this, so I know how to go about this. Thank you very much.


lrhall41

Submitted by on Mon, 10/05/2009 - 11:18

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Where did my question go? I was asking the same as the poster above. I am being sued by ?Target?. I called Target and they said they no longer own the account. But they are listed as the plaintiff on the lawsuit. Is that correct. It doesnt seem right if they no longer own it that they are the plaintiff listed. Is this right?


lrhall41

Submitted by on Mon, 10/05/2009 - 11:46

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I did call Capital One again and they confirmed that they no longer own the debt. They say it was written-off as bad debt and sold to some collection agency so they no longer had any interest in the debt. They also had no record of any lawsuit against me. When I told them that the lawyer was naming them as the plaintiff, they told me thats something I need to take up with the courts since its no longer their problem.


lrhall41

Submitted by on Tue, 10/06/2009 - 22:50

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I am being sued by a collection agency on behalf of FIA card services. After reading the above post, I am considering contacting them directly, to see if they really are the plaintiff, or if the debt was sold. Regarding the Capital One suit, did the attorney submit a signed affadavit that he was representing Capital One, and that they were the Plaintiff? If so, that definetely sounds like perjury. What department did you contact at Capital One?


lrhall41

Submitted by on Wed, 10/07/2009 - 05:18

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