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Author Topic: new member here from jacksonville  (Read 1409 times)
Posts: 4

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« on: December 05, 2007, 04:47:25 PM »

Hi. I have a few questions for the experts here. I have been sued and filed a counterclaim. They filed a motion to dismiss my counterclaim. I can handle many of their points but do have a few questions.

1)Failure to set forth a cause of action. I know attorneys use this alot but how do you fight it. I thought my complaint was pretty clear.

2)Plaintiff is excluded from the provisions of the FCCPA. They are stating since they are an OC they are not subject to the fccpa. I know this is not true as the attorney purposely used different quotes from the fccpa such as debt collector when he fully knows debt collector is for licensing and not the harassment statutes. My question is do you have any good caselaw showing that OCs are subject to the fccpa?

3)Improper inclusion of punitive damages. At the end of my counter I just put in a claim for punitive damages without any dollar amount. Now the attorney is calling it an unauthorized pleading. How do I fight this.

The rest is the attorney trying to nitpick. I found a couple caselaws on this site which basically state I am pro se so I get a little break. Thanks for your time.
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« Reply #1 on: December 06, 2007, 11:56:57 PM »

You need to be more specific in your question.

post your answer to get more help.

This is an OC and not JDB.

Since this site is not as active as others at times, I would also go to www.infinitecredit.com and www.debtorboards.com for help.

Remember you will have to verify all answers anyone gives you.
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