I'm going to file a law suit against a collection agency for violating my FDCPA rights... Quick question: If I file suit

Asked about 2 years ago - Los Angeles, CA

against the collection agency for FDCPA violations, can they counter sue me for the balance owed on the underlying debt (credit card)?

Additional information

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?

Attorney answers (4)

  1. Richard Scott Lysle

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.

  2. Bruce Allan Wilson

    Contributor Level 15

    2

    Lawyers agree

    Answered . As Counsel Lysell and Lampert point out. The answer is dependent upon whether or not the collection agency is the owner of the claim/account. Without that info. an answer cannot be given.

    BW

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Hire a lawyer

  4. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more

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