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Asker
Posted almost 2 years ago.

The collection agency purchased my balance from the original creditor. The collection agency, not creditor, has been the one harassing me. Is it likely that the collection agency would counter-sue for the balance owed?

Jeffrey B. Lampert
Jeffrey B. Lampert, Bankruptcy Attorney - West Palm Beach, FL
Posted almost 2 years ago.

I I can see no reason why they wouldn't. What do they have to lose by doing so? Remember, you have a 1-year statute of limitations to bring suit on an FDCPA claim.

There is an interesting dynamic at work here. If you prevail on the FDCPA claim, you will be entitled to an award of attorney's fees. If the creditor resists the claim, your fee would be much higher and that could offset part of the amount owed. The problem with that concept is that you might find it hard to find an attorney to work on the case knowing there would be an offset.

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Asker
Posted almost 2 years ago.

Is it safe to assume that most people who hire an attorney for FDCPA violations still owe a balance within the statute of limitations?

I'm wondering if collection agencies get a little hesistant to counter sue for the balance knowing that they might not have all the required documentation when the person is represented by an attorney?

Also, in the case of a counter suit, would I be responsible my attorney's fees to defend?

Jeffrey B. Lampert
Jeffrey B. Lampert, Bankruptcy Attorney - West Palm Beach, FL
Posted almost 2 years ago.

1) Typically yes, but not necessarily so. Some collection agencies are working debt so d, so beyond SOL. it is referred to as "zombie debt"

2) a reasonable concern; but they may know that your FDCPA attorney won't be working for free

3) your question is whether you can have attorneys fees assessed against the creitor

Jeffrey B. Lampert
Jeffrey B. Lampert, Bankruptcy Attorney - West Palm Beach, FL
Posted almost 2 years ago.

1) Typically yes, but not necessarily so. Some collection agencies are working debt so d, so beyond SOL. it is referred to as "zombie debt"

2) a reasonable concern; but they may know that your FDCPA attorney won't be working for free

3) your question is whether you can have attorneys fees assessed against the creditor if you succeed in your defense. The answer is that it depends, on the docs that exist and the laws of your state

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Asker
Posted almost 2 years ago.

My question is whether I can have attorney fees assessed against the collection agency, not creditor, for prevailing on a counter suit for the balance owed. Remember, the collection agency owns the account.

Jeffrey B. Lampert
Jeffrey B. Lampert, Bankruptcy Attorney - West Palm Beach, FL
Posted almost 2 years ago.

1) Typically yes, but not necessarily so. Some collection agencies are working debt so d, so beyond SOL. it is referred to as "zombie debt"

2) a reasonable concern; but they may know that your FDCPA attorney won't be working for free

3) your question is whether you can have attorneys fees assessed against the creditor if you succeed in your defense. The answer is that it depends, on the docs that exist and the laws of your state

Jeffrey B. Lampert
Jeffrey B. Lampert, Bankruptcy Attorney - West Palm Beach, FL
Posted almost 2 years ago.

I have not forgotten that the collection agency purchased the account. That makes IT the creditor, now. It is not as though there is a creditor and THEN the collection agency. If the account has been sold to the agency as you have indicated, then the agency is the one to whom you owe the money, which makes it the creditor.