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! southland2.
I got an answer on lawguru. Fed court is prefereable and it looks like we will have to prove actual damages to be awarded more than the $1,000 available in statutory damages. southland2.
