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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3821
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Which Mississippi civil code would be required to reference

Resolved Question:

Which Mississippi civil code would be required to reference in a counter-suit against a fraudulent debt collection lawsuit in Circuit Court?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Are you saying you want to know what the code citation is for the Mississippi unfair debt collection act?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

Background info:


 


I am being sued by Midland Funding LLC for a debt I do not owe. They are using a false affidavit virtually identical to the false affidavits they were found of using over 1.4 Million times. Google "midland funding v brent" in an attempt to legitimize otherwise false documentation.


 


In my answer I listed the code citation for criminal fraud


http://www.mscode.com/free/statutes/97/019/0083.htm


 


I am not sure, but don't believe that in a civil suit I can use that citation since I am not a law enforcement agency.


 


What I need to know is what citation would be appropriate in an amended answer as to Mississippi Civil Code. I.E. fraud of another nature, harassing lawsuit, forgery, etc.


 


I have already listed the citations for FDCPA Violations.


 


 

Expert:  Zachary replied 1 year ago.
Hi,

You need to back up a bit in your work. An answer is only a defensive statement. Under the Mississippi Code of Civil Procedure, you must state in clear and simple language a denial of each claim made by the plaintiff. You don't have to cite code or other law. Read MSCCP Rule 8. http://courts.ms.gov/rules/msrulesofcourt/rules_of_civil_procedure.pdf

Based on what you have said, you want to counter-sue the debt collection company for fraud and the federal fair debt collection practices act. You want to state the specific violations of the act that you believe you can prove against the debt collection company.

On your fraud claim you need to stated that "Counter-Defendant's actions constitute fraud". Then you need to state the actions that show each of the following elements: (1) a representation, (2) its falsity, (3) its materiality, (4) the speaker's knowledge of its falsity or ignorance of its truth, (5) his intent that it should be acted on by the person and in the manner reasonably contemplated, (6) the hearer's ignorance of its falsity, (7) his reliance on its truth, (8) his right to rely thereon, and (9) his consequent and proximate injury. Forgery is going to be part of your fraud claim.

You need to finally state how you were damaged by the actions and if you have any economic loss.

-ZDN

Customer: replied 1 year ago.

I will be rating you as excellent and appreciate your help. If you would, review the counter-claim part of my answer that has already been filed and let me know if it already serves it's purpose. If you opt not to, that's fine and I am still going to give you credit.


 


Thanks,


James


COUNTERCLAIMS


 


 


Now comes the Defendant James Weeks pro se and makes these counter claims.


 


Claim 1. Fraud pursuant to MS CODE SEC. 97-19-83 (1):


 


1. Plaintiff has brought forth upon the Defendant a grossly fraudulent lawsuit as a scheme to obtain money. The Plaintiff's lawsuit is fraudulent in whole and in part as to the allegations and evidence that the Plaintiff has submitted to the court against the Defendant.


 


Claim 2. Negligent Infliction of Emotional Distress:


 


The Plaintiff's extreme and outrageous actions have caused severe emotional distress through it's fraudulent lawsuit against me. Said severe emotional distress that I feel is far beyond the normal stresses of being sued. This is due to feeling that, even though the Plaintiff's case is completely without merit, that I have little chance against a multi-million dollar multinational company that has systematically and illegally preyed upon thousands of low income people like myself.



The physical manifestations of the emotional distress are as follows:



1. Depression


 


2. Insomnia


 


3. High blood pressure


 


4. Headaches


 


5. Anxiety, nervousness, fear, and worry


 


6. Stress to Spouse


 


7. Stress to children


 


8. Lost bonding time to unborn child


 


9. Lost bonding time with Wife during the pregnancy


 


10. Irritability


 


11. Further aggravation of war injuries that I am receiving Veterans Disability benefits for. More specifically, tinnitus(loud constant ringing in the ears) that is further exacerbated by the insomnia, high blood pressure, and stress caused by the Plaintiff.



Claim 3. FDCPA Violations:


1. Violation of FDCPA Title [15 USC 1692e] § 807(2)(a).


The collector cannot misrepresent the amount you owe.


Defendant owes Plaintiff naught, therefore alleging Defendant owes any amount is a FDCPA violation.



2. Violation of FDCPA Title 15 U.S.C. § 1692e § 807 (2)(a)&(b)


Plaintiff has made false and misleading representations as a means in connection with the collection of an alleged debt.






WHEREFORE, Defendant prays that this Court find judgment for Defendant,


deny Plaintiff's request for judgment, deny Plaintiff's request for costs, deny Plaintiff's request for attorney’s fees, and deny Plaintiff's request for any relief whatsoever.



Defendant further prays that this Court hold that Defendant is the prevailing party, award him relief under FDCPA Violations [15 USC 1692e] § 807(2)(a), Fraud pursuant to MS CODE SEC. 97-19-83 (1)., Punitive relief pursuant to MS CODE SEC. 11-1-65, Noneconomic relief pursuant to MS CODE SEC. 11-1-60(1), and dismiss the case against Defendant with prejudice.


 


Defendant lastly prays that this court will "lift the corporate veil" and find that the parent company (Encore Capital Group) should be held liable for the actions of it's subsidiary, Midland Funding LLC.


 


 


DEFENDANT


James Weeks

Expert:  Zachary replied 1 year ago.
Hi James,

The counter-claims are not bad! In your fraud section, you need to lay out exactly what you are claiming is fraud based on the elements I provided to your earlier. Take out the reference to the criminal code. Civil Fraud is a "common law" claim, not a statutory claim.

Your claim for negligent infliction needs to be explained more too. You need to state that the Counter- Defendant had a duty to you under common and statutory law to collect debts fairly, was negligent and breached the duty, when it falsely asserted this debt against you, and with outrageous conduct inflicted emotional harm.

You also want to request a jury trial "Defendant/Counter-Plaintiff requests that Plaintiff/Counter Defendant be cited and required to appear before the court and a jury and prove its claims. Defendant/Counter-Plaintiff hereby demands a trial by a jury of his peers."

Also, you need to request all "actual damages, in an unliquidated amount, which shall be established by the evidence, punitive damages, and pre and post judgment interest, and any and all other relief, in law or in equity, to which counter-plaintiff is justly entitled."


I wish you the best of luck in getting relief from this company's unfair tactics.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3821
Experience: Lead trial/International commercial attorney licensed 11 yrs
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