What is the name of your state?Alabama
Went to court today with a CA. They filed suit against me for my ex-husbands account. Their case was dismissed against me. I filed a countersuit based on the FDCPA. The judge agreed with them in their claim that the rules of the FDCPA does not apply to the CA because they purchased the debt and it was now theirs. The collection letters were sent from the law firm representing them. I argued that they (the firm)was in fact subject to FDCPA rules and that the collection letter that they sent me even states "The staff and attorneys of this law office are debt collectors....." The judge dismissed my case because I failed to name the lawfirm as a party to this suit.
OK.....should I appeal and amend my complaint to add the firm or just file a new complaint against this law firm.
I'm thinking that if I file a new complaint that I can remain pro-se and keep it in small claims (if that's allowed) but if I can find good representation......
I only have 14 days to appeal...that's not very much time to find a good attorney.
Your comments are welcome.....
Went to court today with a CA. They filed suit against me for my ex-husbands account. Their case was dismissed against me. I filed a countersuit based on the FDCPA. The judge agreed with them in their claim that the rules of the FDCPA does not apply to the CA because they purchased the debt and it was now theirs. The collection letters were sent from the law firm representing them. I argued that they (the firm)was in fact subject to FDCPA rules and that the collection letter that they sent me even states "The staff and attorneys of this law office are debt collectors....." The judge dismissed my case because I failed to name the lawfirm as a party to this suit.
OK.....should I appeal and amend my complaint to add the firm or just file a new complaint against this law firm.
I'm thinking that if I file a new complaint that I can remain pro-se and keep it in small claims (if that's allowed) but if I can find good representation......
I only have 14 days to appeal...that's not very much time to find a good attorney.
Your comments are welcome.....