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Counterclaims: Striking Back at the Debt Collector

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Debt collectors are well known for filing improper lawsuits.  Sometimes they sue the wrong person, either due to identity theft or due to sloppy record-keeping.  Sometimes they negotiate a settlement with the person who owes them money, and then sue anyway.  Sometimes they sue for charges that were never authorized or approved.  Sometimes they file a lawsuit on a debt that is past its Statute of Limitations.

In each of these cases, you may have not just a defense to their lawsuit, but you may be able to sue them back.  Suing the Plaintiff who has sued you is known as filing a Counterclaim, which is simply a counter-lawsuit against the person or company who has sued you.  Sometimes a Counterclaim is one of the only ways you can get their attention that you are serious when you say they violated your rights.

If you prevail on your Counterclaim, the plaintiff may actually have to pay you money damages.  They may also be responsible for paying for your attorney fees.

Examples of Counterclaims you may be able to assert under the right facts include breach of contract / breach of settlement agreement, fraud or misrepresentation, violation of the Florida Consumer Collection Practices Act (FCCPA), violation of the federal Fair Debt Collection Practices Act (FDCPA), and others.  In some of these cases, you may also be able to sue the lawyers who filed the debt collection lawsuit against you.

As a Florida consumer attorney, I would be honored to help you determine whether you have a Counterclaim against the debt collector or its lawyers.  For a free consultation, please feel free to call us at 386-444-3032, send us an inquiry through our website contact form or fax us your information.