Counterclaim simple questions...

[beeboah]

I could sift through docs all day long, but my questions are simple.

1) How come I rarely see FDCPA counterclaims when people initiate counterclaims?

I have some good FDCPA violations.

2) Isn't it just the attorney that I sue with FDCPA violations? I don't think it applies to an OC.

3) Can I sue just the attorney for FDCPA violations to get them to go away or pay up?

Thanks!

[charlesa6]

[quote=beeboah]

I could sift through docs all day long, but my questions are simple.

I see that.

1) How come I rarely see FDCPA counterclaims when people initiate counterclaims?

Different factor, and different arena.

I have some good FDCPA violations.

Good. Go -get-em!

2) Isn't it just the attorney that I sue with FDCPA violations? I don't think it applies to an OC.

Yep!! Truth in lending act applies to OC.

[quote]3) Can I sue just the attorney for FDCPA violations to get them to go away or pay up? Yep!! if you have proof to back it up.

[beeboah]

Thanks for seeing the simplicity in my post.

Just one question really.

When you say different arena, do you mean that I cannot sue for FDCPA violations in my counterclaims in General District Court?

I left that question out DUH.

Thanks Charles!

[charlesa6]

Originally Posted by beeboah

Thanks for seeing the simplicity in my post.

Just one question really.

When you say different arena, do you mean that I cannot sue for FDCPA violations in my counterclaims in General District Court?

I left that question out DUH.

Thanks Charles!

Sure, you can, but seperately.

[beeboah]

Originally Posted by charlesa6

Sure, you can, but seperately.

What do you mean by seperately Charles?

Thanks!

[charlesa6]

Originally Posted by beeboah

What do you mean by seperately Charles?

Thanks!

You have to sue them for FDCPA violations if they have any deragatory input to your credit report, fraud and impact to your employment which will give you more teeth's to your case. Counterclaim, you have to proof any damages surrounding your claims in addition to what I stated above. Filing the lawsuit under FDCPA violations and Counterclaim in the same court will give you ammo to have the shyster to reconsider whether to go further or voluntary dismiss the case.