Legal Question in Civil Litigation in Mississippi

I am Pro-se filing a counter-suit against a debt collector who is using a false affidavit and other false documents in their collections suit against me.

They have admitted their case is fraudulent as per MRCP Rule 36, requests for admission in which I asked if the affidavit was false and also if the case was fraudulent. There is much more supporting evidence as well.

My question is, which would be the proper tort cause of actions to use against them in a counter-suit? Fraud?

MS Supreme Court says in part that I had to have believed in the Plaintiff/Counter Defendant's false representations. Is their a way around or alternate route in-relation to a fraud tort claim?

Abuse of process?

Malicious prosecution?

Any others?

Asked on 1/13/13, 12:53 am

1 Answer from Attorneys

Timothy Matusheski Law Offices of Timothy J. Matusheski

Try the fair debt collection practices act. Also, get a copy of your credit reports. You may have a claim under the fair credit reporting act.

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Answered on 1/25/13, 4:49 pm

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