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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
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.
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.
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:
3. High blood pressure
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
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.
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.
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