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Justin Baxter from Oregon obtained a remarkable verdict (18 million) for his client in a lawsuit against Equifax.

The jury was told she contacted Equifax eight times between 2009 and 2011 in an effort to correct inaccuracies, including erroneous accounts and collection attempts, as well as a wrong Social Security number and birthday. Her lawsuit alleged the Atlanta-based company failed to correct the mistakes.

While the verdict may be reduced as the punitive damage portion was many multiples of the compensatory portion the verdict should still be very significant and it sends a message that credit reports are important and juries do not like to see credit report errors that the credit bureaus refuse to fix.

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Continuing our series on a typical lawsuit filed against a debt collector under the Fair Debt Collection Practices Act (FDCPA), after the defendant is served, it has two choices if it wants to not settle the case.

Either file an answer or a motion to dismiss.

In our next post we will discuss a motion to dismiss in more detail but in essence what a motion to dismiss says to the court is “There is no way the consumer can win so throw the case out of court.”

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Yes — recording the abusive calls is not a requirement to sue or even to successfully sue a debt collector who is abusing you.

It is always nice to have recorded calls (just make sure they are legally recorded) but it is not a requirement.

The Fair Debt Collection Practices Act (FDCPA) prohibits all sorts of abusive conduct. It does not require you have tapes or recordings to prove your claims.

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AMENDED ANSWER AND COUNTERCLAIM

COMES NOW, Defendant, by and through his attorneys of record and files his amended Answer and Counterclaim against Deutsche Bank National Trust Company as Trustee (Deutsche) and American Home Mortgage Servicing, Inc. (AHMSI) as follows:

1. All allegations of the original answer and counterclaim are asserted and incorporated as if fully set forth herein. This amendment is adding to the original answer and counterclaim – no claims or allegations are withdrawn.

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