against the collection agency for FDCPA violations, can they counter sue me for the balance owed on the underlying debt (credit card)?
A collection agency (third party debt collector) purchased my account from the orginal creditor. As soon as the collection agency purchased the account, they have been calling me threatening to sue me, take my property, calling friends and family that I owe them money, etc. I know they can't really do the aforementioned, but I want to punish them for this conduct; hence, the reason for a lawyer. Now that I clarified my position, is it common/likely/possible for a collection agency, like the one I described, to counter sue me for the balance of the account?
Your FDCPA claim would be against the collection agency, not the creditor, so at first blush the agency can not bring a counterclaim. Having said that, if the collection agency is smart, it would take the debt by assignment and then counter-claim.
I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.
2 lawyers agree
Debt Collection Attorney
Yes. You might be able to sue both the original creditor and the collection agency, if the collection agency is acting as agent. If the collection agency "bought" the account, the original creditor is out of the loop. As to what some unnamed collection agency might do, based upon some unknown facts, I am not a psychic. My crystal ball is broken and out of warranty.
3 lawyers agree