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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 This amendment is adding to the original answer and counterclaim – no claims or allegations are withdrawn.

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Have you ever wondered why a collector was calling five or six times a day? Sometimes one right after the other so you get 3-4 calls in 20 minutes?

As you know, the purpose is to harass you into paying. What you may not know is that the collection industry has a term for this – it is known as “psycho dialing”. Cute, huh?

The idea is to call you enough to either drive you crazy or make you think (perhaps with good reason) that the collection agency is crazy. Either way, the idea is that you will pay money to the collector to “stop the insanity” (to borrow from the diet lady in the 80s).

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