«Debt collection activities» does not include billing insurance or other government programs, routine inquiries about coverage, or routine billing that indicates that the amount is not due
pending resolution of the crime victim compensation
claim.
Given the nature of these
claims, Tina is always ready to jump into a case to seek a temporary restraining order or preliminary injunction to prevent continued breach and damages
pending a matter's
resolution.
If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the
claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit
pending resolution of the first lawsuit, or (4) move to dismiss the
claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a
claim upon which relief can be granted or was filed in the wrong court.