As per the judge’s instructions, I filed an amended complaint that restated my FDCPA claim, and did not revisit any of the causes that were previously dismissed. I did, however, add two new causes of action that were not previously pled.
Failure to State a Claim
After doing additional research, it appears that my major mistake with my prior complaint was not including the requisite “elements” for each of my causes of action. Hopefully, this has been fixed in this version. (I’ll be writing more about this in future postings).
When going through this exercise, turns out that the two causes I added had elements that were relatively easy to prove. In Georgia, “Attempted Wrongful Foreclosure” was pretty easy, and “Negligence” was especially easy. [Negligence appears to be a cause that could be added to just about any complaint, especially if you are suing a large company for any tort.]
Anyway, more soon, and comments welcome.