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Re: Motion to Dismiss Counter Claims


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Posted by FloridaKillingFieldSkull (68.18.50.199) on August 19, 2004 at 13:00:22:

In Reply to: Motion to Dismiss Counter Claims posted by Needs Help in Florida on August 19, 2004 at 11:37:04:

The counterclaim would be your cause of action against the plaintiff of the FDCPA violation by the plaintiff for filing a breach cause of action on past SoL debt.

In your answer to the plaintiff's complaint, you must raise the SoL affirmative defense against the plaintiff's cause of action.
Then you have the option of raising your own counterclaim in your answer for the FDCPA violation of filing past SoL by the plaintiff.

The lawyer is most likely saying that you did not bring the counterclaim cause of action of the FDCPA violation in your answer to his complaint.




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