Legal Question in Credit and Debt Law in Texas

Counterclaim against lawyer in state court or sue in federal

In a TX district court case where collection attorney (CA) placed collection notice in (1st communication) body of petition (possibly overshadowed); and

dispute of entire debt and demand for validation was mailed and received by CA within 30 days of date of service of suit; and

without ever validating CA then filed a motion for summary judgement (continued collection activity per Heintz) and hired a local counsel to represent out-of-town CA at the MSJ hearings (2 hearings thus far w/ 1 more scheduled);

we are amending our answer and filing counterclaims based upon fraud, etc. against plaintiff; should we crossclaim against attorney(s) in same suit or file a federal suit against them for the FDCPA violations and should each instance of continued collection activity be considered a different violation and should each attorney be a defendant or should just the original CA be a defendant?

If attorneys are defendants then must plaintiff hire new attorneys or will judge in present civil case refuse to allow attorneys to be added as third-party defendants?

In a jam due to time constraints. All comments appreciated!

southland2003.


Asked on 5/25/04, 10:34 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Counterclaim against lawyer in state court or sue in federal

I think it is better practice and, in my opinion, better chance, to file FDCPA suits in Federal Court. Probably sue only the attorney who signed the petition and the firm he is representing. I would not add them as third party defendants in a state court suit.

Read more
Answered on 5/25/04, 1:54 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas