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Interpleader, Impleader, or 3rd party action?

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GMTd

Junior Member
What is the name of your state (only U.S. law)? OH

Long story short, Beth gets a gym membership with 3 year K. After a year she wants out of K. The company that does the billing for the gym wont let her out. She stops paying. Billing Co. refers matter to local lawyer. In trying to collect local lawyer and billing company violate FDCPA seperatly. Now local lawyer (debt collector) sues on behalf or gym (original creditor/plaintiff). I want to bring claims against billing company and collection lawyer.

Done in the answer? or seperate complaint and have them joined?
What about the lawyers role as counsel and bill collector? currently and if claims are joined?

thanks
 


You Are Guilty

Senior Member
If you don't even know what a counter-claim or third party action is, I don't think you're doing yourself any favors by prosecuting your own claims.
 

GMTd

Junior Member
Well i know its not a counter claim because the parties are not part of the action yet. not interpleader. Impleader is when another party would be liable for original debt which by my understanding in similar to a 3rd party action. So how do i get the other join the other parties. In my answer, new action?

This really isnt a big deal. Just some fun learning the process.

I'm stuck and just looking for some civ pro advice.
 

catdsnny

Junior Member
counterclaim is claim based upon the same facts of the claim...FDCPA violation is not related to you not paying your gym membership, therefore counterclaim is not the proper procedure. you need to bring a plenary action in the proper venue for 15 usc 1692 violation
 

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