Re: Next Step Legal Procedure????

Posted by Drew (24.59.27.46) on December 09, 2003 at 12:56:15:

In Reply to: Re: Next Step Legal Procedure???? posted by Freedom Financial Flyer on December 09, 2003 at 12:49:50:

Have you got yourself a lawyer with this one? I would get one if I plan on taking it to the higher level.

If I understood it correctly, the only way you can take it to a higher level is through the appeal process (either you have to appeal or they have to appeal). However getting it in front of the judge will give you an opportunity to make your motion to dismiss with prejudice, especially if they can't validate and haven't validated.

I am not experienced in strategy but I would think that the best strategy as determined by your goals would be to go forward with the trial and also countersue under different violations. For the FDCPA, you can only get 1000 period. BUt under teh FCRA, you can get 1000 per violation.

Good luck.

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