answer and counter-claim
Date: Tue, 01/25/2011 - 12:35
:?:Need to answer a complaint and need advice fast. I am answering a complaint, the plaintiff is US Bank, the attorney representing US BANK is a collection atty that has many FDCPA vilolations, so along w my affirmative defenses and motion to dismiss (I am including in my Answer) I also am filing counter-claim. My question is, it is the "collection" atty representing US Bank that made the FDCPA violations not US Bank so do I cross-claim the attorney or simply answer and counter-claim the plaintiff US Bank? Need answer quick have to answer by Thursday.
hiya-- Is US Bank the original creditor, or are they a debt col
hiya--
Is US Bank the original creditor, or are they a debt collector that bought the debt from the original creditor? If they are the original creditor, then you cannot sue them for FDCPA violations because FDCPA only applies to third party debt collectors. However, you could make a claim against the attorney, as he is acting in a debt collection capacity and the law does apply to attorneys acting in this role.
