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#1
10-28-2004, 06:50 PM
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Re-open caseWhat is the name of your state? Michigan. During a trial against me for a debt of ~$1,800 the court ruled that I pay $300 that I admitted that I owe and approximate $200 for interest. All fees and court cost and lawyer fees were thrown out because the lawy firm had not validated the debt as I had ask for. I have numeous evidence that the law firm violated the fair debt laws by continuing to attempt to collect after several request for validation. The Judge said that he could not provide any relief for that because I had not provide the court with the legal motions to proceed. How can I re-open this case to have the law firm pay for violating the fair debt laws. I would think that there maybe some type of motion that I would need to make. |
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#2
10-28-2004, 06:58 PM
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| No motion, you need to file a counter-suit for FDCPA violations against them. Make sure you've got iron-clad proof ! You can appeal the judge's decision, but without sufficient evidence of their violations you won't get far.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
10-28-2004, 07:41 PM
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| Thanks for the advice. I have several letters as attempts to collect from the law firm. I even have a letter from them after the judge had stated in the hearing before the trial that they needed to provide me with the aggreement. My question is what is the difference between the appeal and a counter suit? Also I would like this case to be linked to the original case so that they will have to come back to my location for the case to be tried. In addition to the location, and money I am also curious to can the judgement be reversed? What type of court documents will start either a counter suit or an appeal? |
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#4
10-28-2004, 09:22 PM
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| An appeal is to challenge the decision of the court for the original case. A counter-suit is a new lawsuit you bring against the CA for their violations of the FDCPA. If you appeal the original case, it stays in that court. If you file a counter-suit in your area, they have to come to you. The judgment could be reversed, or possibly vacated, but you'd need a strong case. The appeal - call the court clerk and ask if there is a form - if not, you file a motion with the court on that case. The counter-suit- you draft the lawsuit (complaint), file it with the court and have them served.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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