Counterclaims
Date: Thu, 07/22/2010 - 15:05
And should you use that as a bargaining chip to hopefully get the case dismissed "with" prejudice or how should their violation be used?
Or would it be better to let go of the unrecorded violation and stick to the facts and hope to just at least get a dismissal "without" prejudice (maybe before court) due to the JDB not having proof of the debt?
Quote:Originally Posted by AngeldoveIf you're being sued by a JD
Quote:
Originally Posted by Angeldove If you're being sued by a JDB and they have called inappropriately or said something in the conversation they shouldn't have said, yet you did not have advance warning and did not record the call - can you still use that as a counterclaim? And should you use that as a bargaining chip to hopefully get the case dismissed "with" prejudice or how should their violation be used? Or would it be better to let go of the unrecorded violation and stick to the facts and hope to just at least get a dismissal "without" prejudice (maybe before court) due to the JDB not having proof of the debt? |
i would leave the unauthorized recording alone.if you are sure the JDB has no proof,or case.it might be dismissed with prejudice anyway.do not give the JDB anything they could use against you.an unauthorized recording would be doing just that.
Thanks, Paul! From what I'm seeing, the JDB seems to bluff unti
Thanks, Paul!
From what I'm seeing, the JDB seems to bluff until the last possible moment and then when you are still waiting for documentation of their proof of the debt and they don't have it - they have it dismissed "without" prejudice right before court time. The attorneys say it is their right to do so and also gives their clients additional time to come up with the documents if they want to pursue the case any further. To me, I'd like to go on into court and get the judge to dismiss it "with" prejudice since the plaintiff has no proof, but they won't let it get in front of the judge.
Quote:Originally Posted by AngeldoveThanks, Paul! From what I'
Quote:
Originally Posted by Angeldove Thanks, Paul! From what I'm seeing, the JDB seems to bluff until the last possible moment and then when you are still waiting for documentation of their proof of the debt and they don't have it - they have it dismissed "without" prejudice right before court time. The attorneys say it is their right to do so and also gives their clients additional time to come up with the documents if they want to pursue the case any further. To me, I'd like to go on into court and get the judge to dismiss it "with" prejudice since the plaintiff has no proof, but they won't let it get in front of the judge. |
that is more than likely because nobody counter motions.ask skydiver about this,but i think you can counter move to dismiss with prejudice once they motion to dismiss without prejudice,but check with skydiver on that.i wouldn't believe what a lawyer for a JDB says.as far as i know there is nothing that says you can't counter motion for a dismissal with prejudice.
How would you be able to counter motion when they pull this on t
How would you be able to counter motion when they pull this on the courthouse steps before court time?
I'm bumping in hopes that Skydivr will see our discussion. Thanks, Paul - good suggestion! :D
Have you received a Summons Complaint? Or is just all talk right
Have you received a Summons Complaint? Or is just all talk right now? Most CA's violate similar Fair Debt Collection Practices ACt Laws.
If you have been served with a Complaint - have you answered it yet?
Are you behind in CC payments? What is it in your life, that causes you to ask these questions?
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