JDB Sued me, Any Advice Would Be Helpful

[Friendsplacect]

Being sued by Hudsen & Keyse, Sent a Debt validation Dispute Letter, they ignored and sent it to a local Attorney. Sent Them a DV Letter and they sent me a "Statement Of Account" (Computer generated.)
The Local Attorney Sued me in my Local Superior Court. I Answered the Suit, filed Request for Production Of Documents, the only thing I didn't do is countersue for FDCPA Violations. They Filed for an extension of time to produce documents and it got granted. It is now 25 days after that time expired and they sent me another collection letter offering to settle the account for 50%.
Isn't this continued collection activities? I have not received any proof that I owe them anything. I dont know how to initiate a countersuit, altough I probably could but wouldn't I have to ammend my answer to initiate a countersuit? Should I file a Motion To Compel Discovery? The other thing is on every one of their collection letters and the actual lawsuit the dollar values are different on what they alledge I owe. Any advice would be greatly appreciated.

[cz3000]

free speech. . .


reject their offer privately and compel discovery via court process. in your notice to compel discovery you may want to indicate that you will accept the plaintiffs withdrawal of suit with prejudice if they are unable to produce the documents within the allotted time based on the premise that you acknowledge that their initlal action against you was a 'mistake' OR if they fail to withdraw w/prej. and fail to produce the documents, they acknowledge your right to initiate a counterclaim.

In other words, let them know that they have options - but only the ones that you are willing to provide (whatever you decide is up to you).

Originally Posted by Friendsplacect

Being sued by Hudsen & Keyse, Sent a Debt validation Dispute Letter, they ignored and sent it to a local Attorney. Sent Them a DV Letter and they sent me a "Statement Of Account" (Computer generated.)
The Local Attorney Sued me in my Local Superior Court. I Answered the Suit, filed Request for Production Of Documents, the only thing I didn't do is countersue for FDCPA Violations. They Filed for an extension of time to produce documents and it got granted. It is now 25 days after that time expired and they sent me another collection letter offering to settle the account for 50%.
Isn't this continued collection activities? I have not received any proof that I owe them anything. I dont know how to initiate a countersuit, altough I probably could but wouldn't I have to ammend my answer to initiate a countersuit? Should I file a Motion To Compel Discovery? The other thing is on every one of their collection letters and the actual lawsuit the dollar values are different on what they alledge I owe. Any advice would be greatly appreciated.

[RICKO]

§ 812. Furnishing certain deceptive forms [15 USC 1692j]

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

[RICKO]

Dealing with the collection agency is like a revolving door. You will only be paying the rest of that 50% to the company. They will keep trying to collect.

[masterduke]

Looks like they need to be cross-claimed with a question as to whether they have any standing to bring this suit. By throwing this at them they become a co-defendant and it will take precedence in this suit. Maybe even move for dismissal? If you file 2nd request for admissions, production of docs, and Interrogatories. Have your compel motion ready to file in a very short time frame following your 2nd requests. Although this is stuff they can deflect with help from the judge. So be aware their next move will be to go right for summary judgement. Thats why the standing issue gives you some time and puts the ball back in their court. That "offer" the sent you is also the usual crap. So you send them the payment, it does 2 things; Acts as an admission that you "owe" this debt. puts you on the hook to them for payments that they will want to accelerate as time passes soo you may end up back in court a later date with them anyway! Lack of Standing is a route they will not like to go down.