(sorry this post is longer than I expected)
I'm being sued by CACH LLC for an old Bank of America credit card ($800). The statue of limitations was set to expire in November of this year, which is probably why they decided to file a collection lawsuit against me.
In my answer to the summons, I admitted having knowledge of the account but denied CACH's claim due to insufficient evidence that they were the current owners of the account.
I included a counterclaim for violation of the fdcpa as the summons was filed in the wrong county (a county where I've never lived and not where I established the account) and listed me as being a resident of that county. I filed for damages in the amount of $800 plus court filing fees. I figured i could at least try to cancel out the debt if the judge ruled against me in the main case, but for me in the counterclaim.
I then received a court notice starting the answer had been received and the plaintiff, CACH, had 14 days to file a notice to set hearing.
But instead i received a notice that CACH had filed a motion to change venue to the proper county. Am I screwed now or is it possible to file the same counterclaim for CACH's previously suing me in the wrong county?
I should note that I did contact CACH after I received the summons to offer to pay half of the debt in cash. They were less than receptive and demanded that i then pay the rest in full the next month, plus interest and the cost for them to file the summons. I understand why they included the extra costs but their unwillingness to negotiate (no way I can pay the rest in full in one month) left a sour taste in my mouth. Now I'm worried they're going to go after me for even more money since they had to file s motion to change venue. It's not a large enough debt to warrant hiring a lawyer so I'm at a loss as to what to do next. Should i expect to receive another summons in the next could of weeks? Thanks in advance for any advice.
