Answer to Limited Civil Lawsuit (Rule 3.740 Collections) to include Cross-Complaint for Violation of FDCPA - how do I do it?

Asked about 2 years ago - Morgan Hill, CA

Received today in the mail Summons for a Limited Civil Case (debt-collection in CA for $11.9K) that was filed October 4, 2012. No Proof of Service included. I am now preparing to file the Answer and would like to know how to file cross-complaint for harrassment (FDCPA 806 - engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, harrass, and 807 - misleading representations). I have no tangible evidence at the moment except the complaint reference # that was given to me by FTC when I filed complaint. I am also looking at serving Discoveries - Production of Documents --- those conversations would then show up as an evidence.
Thank you for your help.

Attorney answers (1)

  1. Eric Jerome Gold


    Contributor Level 19


    Lawyers agree


    Answered . Your best bet for filing a cross-complaint is consulting with an attorney in the matter. Mr. Sullivan has offered to speak with you regarding his assistance in this matter. I would strongly suggest you consider retaining counsel for this. Lawsuits are complicated and you could cause yourself irreparable harm by trying it yourself.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
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There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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