Legal Question in Credit and Debt Law in California
How to file a cross-complaint
First of all, thank you! My question: I'm filing a cross-complaint in Answer to a limited civil lawsuit. I'm being sued by my credit card company. The causes of actions I'm filing include tort (fraud, negligence), contract (breach) and violation of the CA law regarding debt collection (not sure what type of law - do you know?) Question: Do I file one complaint with all types of cause of actions attached, or different complaints for each type. One complaint for tort, one for contract, etc. Hope that makes sense!
Thanks!!!!
4 Answers from Attorneys
Re: How to file a cross-complaint
You asset one cross-complaint with a different cause of action for each legal theory that you wish to assert. Representing yourself against a credit card company will be very difficult, so you should consult a local attorney as soon as possible.
Re: How to file a cross-complaint
You will need to do an answer and a cross complaint. My office has prepared similar cross complaints for in pro per litigants before.
Re: How to file a cross-complaint
You need to have proper causes of action to bring a cross-complaint. You may want to remove the case to federal court if there is a violation of the Federal Fair Debt Collection Act. I would be happy to advise you if need to have your facts and documents reviewed.
Re: How to file a cross-complaint
Although I concur with the response from my esteemed colleagues, you might consider calling opposing counsel to strike a pre-litigation settlement deal. You may save yourself a lot of time and aggravation by simply paying your bill. The Plaintiff may be willing to make things easier by giving you a sizeable discount. If they would do so and you would be found liable for the bill anyway, this may be a good strategy to save litigation expenses and come out ahead.