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answer and fdcpa counterclaims

VIEWS: 83 PAGES: 5

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									CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF QUEENS

 BAD GUY DEBT COLLECTORS, INC                           )
                       Plaintiff                        ) CV-1202003-08
   -V-                                                  )
                                                        )
 BLUESBLUE BLUE                                         ) DEFENDANT’S ANSWER AND
                                                        ) COUNTERCLAIMS
                                    Defendant           )


BLUESBLUE BLUE, Defendant Pro-Se, answers the Complaint as follows:

1. Answering paragraph 1 of the Complaint, Defendant is without sufficient information and/or

   knowledge to form an opinion as to the accuracy of this allegation and denies generally each

   and every allegation contained therein and leaves Plaintiff to its strictest proofs.

2. Answering paragraph 2, Defendant has made a reasonable inquiry and based on information

   and belief must deny generally each and every allegation and leaves Plaintiff to its strictest

   proofs.

3. Answering paragraph 3, Defendant has made a reasonable inquiry, but can neither admit nor

   deny each and every allegation contained in paragraph 3 therefore denies generally.

4. Answering paragraph 4,

5. Answering paragraph 5, .

6. Answering paragraph 6, Defendant denies.

7. Answering paragraph 7, Defendant denies. No statements have been mailed by Plaintiff to

   Defendant.

8. Answering paragraph 8,

9. Answering paragraph 9,



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10. Defendant objects the judgment demanded by Plaintiff. Plaintiff has not tendered proof to

      the court that Defendant is in any way obligated by contract to pay Plaintiff any monies.

                                     AFFIRMATIVE DEFENSES

                                         First Affirmative Defense

11. The Complaint fails to state a valid claim upon which relief may be granted.

                                      Second Affirmative Defense

12. Arbitration

                                       Third Affirmative Defense

13.     Lack of personal jurisdiction.

                                      Fourth Affirmative Defense

14. Lack of a business relationship between Plaintiff and Defendant

                                       Fifth Affirmative Defense

15. The legal assignee of the original creditor has yet to be determined. Plaintiff lacks standing

      in this case.

                                       Sixth Affirmative Defense

16. Plaintiff is not an Assignee for the purported agreement and no evidence appears on the

      record to support any related assumptions. Any assumptions absent of proof are extremely

      prejudicial to Defendant.

                                     Seventh Affirmative Defense

17.     Plaintiff lacks legal capacity to sue.

                                      Eighth Affirmative Defense

18. Any damages suffered by Plaintiff, which defendant denies, were a result of its own

      culpable conduct

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                                      Ninth Affirmative Defense

19. Any recovery or relief to which Plaintiff may have been entitled to (if any) is barred, in part

      or in whole, by the doctrine of unclean hands.

                                      Tenth Affirmative Defense

20. Arbitration

                                    Eleventh Affirmative Defense

21.    Plaintiff failed to mitigate damages



                               DEFENDANT’S COUNTERCLAIMS

I, for my counterclaims, allege upon personal knowledge as to myself and information and belief

as to all other matters:

                                         A. Preliminary Statement

22. This is an action for damages brought by me, Defendant BLUESBLUE BLUE, and against

      Midland Credit Management, Inc for violations of the Fair Debt Collection Practices Act, 15

      USC § 1692 et seq, (“FDCPA”), and is based on Plaintiff’s abusive, unfair, improper and

      deceptive conduct and practices in its attempt to collect an alleged debt.

                                         B. Jurisdiction and Venue

23. This Court has jurisdiction pursuant to 15 U.S.C. § 1692k and 28 U.S.C. § 1331.

24. Jurisdiction for any state law claims exist pursuant to 28 U.S.C. § 1367.

25. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b) in that Plaintiff transacts

      business here, and a substantial portion of the acts giving rise to this action occurred here.

                                                 C. Parties



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26. I, Defendant, am a natural person residing in New York and a “consumer” as that term is

   defined by the FDCPA at 15 USC § 1692a(3).

27. Midland Credit Management, LLC (“Midland”) is an active, foreign, business corporation

   with its principal executive offices located at 8875 Aero Drive Suite 200, San Diego,

   California, 92123.

28. Defendant Slamowitz is regularly engaged in the business of collecting consumer debts

   alleged to be owed or due itself or another, and at all relevant times was trying to collect an

   alleged debt from me. Defendant Slamowitz principal purpose is the collection of “debt” as

   that term is defined by 15 USC § 1692a(3).

29. Defendant Slamowitz is a “debt collector” as that term is defined by the FDCPA at 15 USC §

   1692a(6).

                                              D. FACTS

30. Facts go here

                                             E. CLAIMS

                                       First Cause Of Action

31. I restate, repeat, reallege, and incorporate by reference all foregoing paragraphs.

32. All of the above-described conduct by Plaintiff were deliberately made in violation of

   numerous provisions of the FDCPA, including but not limited to 15 U.S.C. §§ 1692e,

   1692e(10), 1692f, 1692f(1), 1692g, and 1692i, amongst others.

33. As a direct and proximate result of Plaintiffs violations of the FDCPA, I have sustained

   actual damages in an amount to be proven at trial and am entitled to statutory damages, and

   costs.

                                         F. Prayer For Relief

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34. WHEREFORE, I respectfully request this Honorable Court grant me the following relief:

          a) Statutory damages pursuant to the FDCPA;

          b) Statutory damages pursuant to the FDCPA;

          c) Actual damages in an amount not less than $5,000;

          d) Other and further relief as this court may find to be just, proper, and equitable;



   October 10, 2011



   Respectfully Submitted




   BlueBlue Blue




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