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

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

Los Angeles, CA -

Attorney Answers (4)

Richard Scott Lysle

Richard Scott Lysle

Debt Collection Attorney - Los Angeles, CA
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.

Bruce Allan Wilson

Bruce Allan Wilson

Debt Collection Attorney - San Diego, CA
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

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Debt Collection Attorney - San Francisco, CA
Answered

Hire a lawyer

Jeffrey B. Lampert

Jeffrey B. Lampert

Bankruptcy Attorney - West Palm Beach, FL
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.

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