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

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.

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Attorney answers 1


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 licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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