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.
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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.
Chapter 7 Bankruptcy Attorney
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.