Can I sue CA since their case was dismissed?

Discussion in 'Credit Talk' started by MisterB, Jan 10, 2008.

  1. MisterB

    MisterB Active Member

    Okay, here is the scenario. I just had a CA firm try to sue me on a debt that was SOL expired. I have all the court papers they filed. I had a pre-trial telephone conference. When I called, they said that the CA is withdrawing the case and the court is dismissing it. Here is my question, can I sue the CA(which is a law firm aka collection agency) filing FDCPA violations for trying to sue on an expired debt?
     
  2. apexcrsrv

    apexcrsrv Well-Known Member

    Yes but, they will likely assert a bona fide error defense.
     
  3. enigma

    enigma Well-Known Member

    You may be able to name both the CA and the CA's attorney.
     
  4. MisterB

    MisterB Active Member

    Well I have both the attorneys name and WW&R as the CA... You think I could get the thousandor more by filing in my state????
     
  5. apexcrsrv

    apexcrsrv Well-Known Member

    Weltman Wineberg, & Reis? Ugh.

    Give it a shot if you can prove up the claims. They'll probably settle it for nusiance value but, they will file something before doing so based upon our experience with them.

    They have no idea what they're doing it terms of FCRA/FDCPA litigation so be prepared to spoon feed it to them . . .
     
  6. MisterB

    MisterB Active Member

    I am aa little green .. what is nuisance value? BTW, I will be suing them from FL ..THink that will make the difference?
     
  7. apexcrsrv

    apexcrsrv Well-Known Member

    Nuisance value is 1k or roughly thereabout. It may be advantageous to use FL law but, I am not an expert or intimate with the FL Code.
     

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