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answer to a counterclaim

Date: Fri, 05/20/2005 - 17:15

Submitted by anonymous
on Fri, 05/20/2005 - 17:15

Posts: 202330 Credits: [Donate]

Total Replies: 4

answer to a counterclaim


Greetings,

I am currently fighting a Complaint filed against me in Kentucky. I received a Complaint via Sheriff delivery to my home. I did file an Answer and Counterclaim. However, today, I received an Answer to my counterclaim. It states that I have failed to state a cause of action upon which relief may be granted. What does this mean? I thought I made a lot of pretty relevent points. Can you please explain what they mean and what I can do to "state a claim upon which relief my be granted"?


Thanks,

MC


Hi slikrnu,

Welcome to the forum.

Please let us know in detail the type of complaint that has been filed against you in Kentucky. Please give us a detailed account and it will allow us to help you better.

Let us know your problem as early as possible. The forum members and 'Debt Samaritans' will surely show you the way.

Regards,
Faithful buddy


lrhall41

Submitted by faithfulbuddy on Fri, 05/20/2005 - 21:38

( Posts: 21 | Credits: )


my name is tim henry 129 rochester road beaverdam kentuckyphone number 270-274-6927 and i got a bill from capitol one.they say i owethem 791 dollars inever contacted them but nowthey haveturned itoverto a collection agency.what can i do i never recived a creditcard from them i think i have been scammed.thank you very much any help woud be greatly accepted


lrhall41

Submitted by anonymous on Sat, 05/21/2005 - 13:52

( Posts: 202330 | Credits: )


Hi codyhenr

If the collection agency is trying to harass you by making unnecessary calls, you can send one written notice stating that you are not interest in keeping any sort of communication with them. The collection agencies are required by law to stop any method of communication with you after they receive your written notice. If they still try to contact you, then you can sue them up to a maximum amount of $1000

If they are intending to recover any of your debt which needs to be validated first, then they should first contact your attorney and fix one date of appointment for that purpose.

I hope that taking such actions will put a check on the collection agents and will show some concrete evidences towards any sort of claims.

Please keep in touch with us regularly.

Regards
Roxette


lrhall41

Submitted by roxette on Sat, 05/21/2005 - 14:09

( Posts: 4009 | Credits: )


Hi codyhenr

I think this is a clear case of identity theft. Since you are aware of the problem please follow these simple steps,

i)Place a fraud alert on your credit report and review your credit reports.

ii)Close any accounts that have been opened fraudulently

iii)File a report in the local police station or in the police station where the identity theft took place

iv)File a complaint with the FTC(Federal Trade Commission).To lodge a complaint in the FTC please visit

http://www.consumer.gov/idtheft/

Ph.No.1-877-IDTHEFT(438-4338)
Add. Identity Theft Clearing house,
Federal Trade Commission
600 Pennsylvania Avenue,NW
Washington, DC 20580.

And if the collection agency adopts any unfair means to collect your dues please contact a local attorney to file a suit against the agency for violating the fdcpa guidelines.

Regards,
Peter


lrhall41

Submitted by peter on Mon, 05/23/2005 - 02:20

( Posts: 285 | Credits: )