Re: Motion to Dismiss Counter Claims
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Posted by FloridaKillingFieldSkull
(68.18.50.199) on August 19, 2004 at 13:06:52:
In Reply to: Motion to Dismiss Counter Claims posted by Needs Help in Florida on August 19, 2004 at 11:37:04:
I believe it is the Kimber case that set the precedent on FDCPA violation for filing on past SoL. Search for that citation and use it to support your counterclaim of FDCPA violation if the judge allows you to amend your answer. Rules of Civil Procedure allows you to amend your answer once without leave of the court. You may have to file a 'Motion to Amend Answer' to request leave to amend from the court to fix your Answer so it includes the FDCPA violation counterclaim. Talk to the Judge's assistant about amending your answer.
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