Can I counter sue a company for false allegations?

Asked over 1 year ago - Dayton, OH

A loan company pressed charges on me for not paying back on a loan THAT I NEVER HAD. I just turned 18 and I don't even have good enough credit to get a loan. The man called me and said they were going to issue a warrant and call my job until 8 thousand and some odd dollars is paid to this company. I'VE NEVER EVEN SEEN THAT MUCH MONEY. I sometimes fill out pop ups for contests on my computer so I figured that was where they got my info because I never pay attention to that but I'm positive that I would have noticed if that amount of money was put on my bank account! Well anyway, I am supposedly getting sued for all this money and I don't even have my high school fees paid for. I also have a bunch of confirmation emails from these companies which should be proof I never got any money? HELP!

Attorney answers (3)

  1. Matthew Scott Kunkle

    Contributor Level 8

    Answered . Your situation sounds like a case of identity theft. If the loan company/collection agency calls back, ask them to "cease and desist" all further phone calls and only communicate with you in writing. Further, you should ask them to provide you with verification showing that you, in fact, signed for and received the loan.

    Second, if it is a collection agency that is calling you, they likely have committed an FDCPA violation for threatening you with a criminal charge. Other violations may have occurred as well and you may have a claim against the company for those violations. Try to find a consumer attorney in your area to evaluate your claims if you want to proceed further.

    Lastly, if you do receive a summons, do not wait to contact an attorney. You have 28 days to respond to that summons or risk being in default. Again, you probably want to speak with a consumer attorney in your area.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Sounds like a scam trying to get information from you. Don't give any out

  3. James M. Osak

    Contributor Level 15

    Answered . Do not give out any info.
    File a complaint with OHIO Licensing Agency (banking/collections).
    Have an attorney send these guys a "love" letter to cease and desist
    OR lawsuit. They could be violating the "Fair Debt Collection Act."
    Move to Michigan! We have better sports teams. Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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