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I just filed my first court case against CA


credicredo
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There is a CA I have been fighting with just about a year now. I have them on several violations. I have written documentation from them no less that confirms a violation or 2. Sorry I cant be more specific, due to the pending case against them. Anyway, I had them served and filed the case today in my home court, and have the docket number. Not sure what defense they will come up with, but, I have almost a year of documentation and have exhausted all possible remedies before coming to this. The debt they were originally trying to collect on is under $1000. Wish me luck. B)

 

They will likely respond with multiple pages of BS in which they basically say "If they had paid the debt we wouldn't have violated" in as many different ways as they can come up with to say the same poor BS.

 

 

"Plaintiff comes into court with "unclean hands" (because you defaulted on the debt) ; "Plaintiff failed to mitigate their damages" (by failing to pay the debt)

 

It's all BS but they are hoping your stupid or the judge is or both.

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actually, the debt itself has no bearing on their violations...two seperate issues...I don't think they can even file a counterclaim legally...that's not to say that they can't file a seperate suit of course

 

 

they'll probably end up settling though

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I suppose the chance for a countersuit against me has greatly increased huh?

 

 

I guess I shouldn't worry too much about a countersuit. I found this at the edcombs website:

 

LXVI. REMEDIES

 

Federal and state courts have concurrent jurisdiction of FDCPA suits. 15 U.S.C. 1692k(d). A single violation is sufficient to support judgment for the consumer.

 

A successful consumer is entitled to an award of actual damages, statutory damages up to $1,000, costs and attorney's fees. 15 U.S.C. 1692k(a). Class action relief is also available. 15 U.S.C. 1692k(a)(2)(:).

 

The validity of the underlying debt -- i.e., whether the consumer owes the alleged obligation, is normally not relevant to the debt collector's liability for violation of the FDCPA. The only exception is that one ground of liability under the FDCPA is when a debt collector attempts to collect a debt which is obviously not owed. In FDCPA litigation brought against the debt collector, the collector normally may not assert a counterclaim for the underlying debt.

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Well if they did file a new suit against me, I would have to claim that it is, harrassing and retalitory in nature. Since the debt is under 700.00 and it has been a year and they haven't filed yet. I could argue that absent of my suit against them, they would have never filed suit and in cross examination, I would ascertain, if their normal practice with debtors with such a small debt would be to sue them, when the answer is no, I think that would support my argument that it is retalitory and harrassing in nature. :D

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actually, the debt itself has no bearing on their violations...two seperate issues...I don't think they can even file a counterclaim legally...that's not to say that they can't file a seperate suit of course

 

 

they'll probably end up settling though

 

 

Just to add to this. In my suit with Midland, they did file a counterclaim, and attorney had to oppose it. Unfortunately, the judge did not agree with her oppostion and allowed them to the counterclaim. She used basically what you said and that they could file a separate suit and such. Now this was in Federal Court so it may not apply in your situation. Now, after she withdrew from my case and I had another attorney review, he stated she left out significant case law referring to the countersuit and should have been able to get the counterclaim dismissed. In your case though, you have SOL on your side. Good luck

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  • 2 weeks later...

Just updating my thread, so far, I have not heard that the continuance has been granted or denied. My original court date is next week. Have not heard a thing from their attorney or the CA. I will check with the court next week to see if the court date is still on for next week. Mediation is required before seeing the judge in all SC cases, so maybe they will want to strike a deal then, if not I am ready with all my documentation.

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So, My court date is this Friday. I still haven't heard anything from the court as to whether the defendants continuance is granted or denied. I called the court today (I probably shouldn't have) The clerk told me the Judge hasn't ruled on the continuance yet. As far as the court is concerned the date still stands for Friday. BUT< she said the judge will look at it tomorrow and make a decision. At this point it will be 2 days away. So I don't know if they will get their continuance or not. I still have not heard anything from the defendants attorney. I will keep you all posted.

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They will be granted the continuance. They are entitled to it as a matter of course, unless there is some pressing reason why they shouldn't have it...like it would create undue hardship or unnecessary delays for the opposing side.

 

Most likely the judge will rule on it before Friday, but if you do show up you will probably just witness him grant their continuance and then call the next case.

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yeah, I figured the continuance would go anyway. Doesnt really matter to me. Doesn't create any hardship for me. I didn't oppose it when it was filed anyway.

 

Think of it as more $ they have to pay their attorney. :dntknw:

 

Good luck! You should talk to some of the pros here and read some threads of the previous court cases if you haven't already.

 

JDBers have been pushing us (the consumer) around for too long... re-aging accounts, adding erroneous $ to the original debt, harassing phone calls... take them to the cleaners!

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Well, I spoke with the court today, the judge asked me if I objected to the continuance that the defendant requested. I said, since I don't have a good reason for an objection, I guess I don't object. So the Judge granted it, so a new court date will be sent sometime in January, I hope. I wonder if I would have objected if it would have been denied or if the judge would of thought I was being unreasonable and granted it anyways. I just feel that by not objecting it shows the court I am being reasonable. Any thoughts from anyone? I feel I have a strong case anyway, so, any defense they dream up, I think I can squash it. I have a huge papertrail. Probably more than their attorney.

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