If you have been sued by a collection agency, you might be able to file a countersuit. If the collection agency violates the FDCPA, you can take action against them.
As an example, you are being sued by a collection agency for a past due debt. You asked them to provide documentation that shows the validity of the debt, but they did not provide that before they took legal action.
You can countersue the collection agency for violating the FDCPA. The collection agency is required by law to provide you with proof of your debt and that must be court accepted validation.
Filing a Countersuit Against a Collection Agency
If you are going to file a countersuit against a collection agency, you should consult with a FDCPA attorney. After all, you would want legal representation to defend you from the allegations that the collection agency is making toward you.
You will want the collection agency to prove your debt, provide the original agreement or contract, and show the records of payments that you made toward the debt. You will need to take documentation to support your countersuit.
Evidence and documentation are key to a successful countersuit against a collection agency.
What Kind of Evidence Do I Need to Support My Countersuit Against a Collection Agency?
You should document every time a collection agency calls you.
Write down the date and time of the call, who called and the phone number the call originated from. You should keep all written correspondence. Record as many as calls as possible. Also, keep any voicemails that you might receive from the collection agency.
If you send them written correspondence, such as asking for proof of a debt, you should always keep a copy and send the letter with delivery confirmation, so you can be sure that it arrived.
You cannot have a successful countersuit unless you have documentation to support your claim and to prove that the collection agency violated the FDCPA. An attorney is familiar with the FDCPA and can determine which aspects of it were violated by the collection agency.
Consult with a FDCPA Attorney
If you are being sued by a collection agency, you should consult with a FDCPA attorney right away. The lawyer will determine if you can file a countersuit against the collection agency.
Your lawyer will help you build your defense against the lawsuit filed against you and will also help you build a case against the collection agency for your countersuit. You don’t have to worry about the upfront expenses, as FDCPA attorneys will review your case for no charge.
Often, these lawyers will file a countersuit against a collection agency on the contingency basis, meaning they will not be paid unless you are compensated for your damages.
Complete the Free Case Evaluation Form today, so a lawyer can review your case and determine the best way for you to proceed with a countersuit against the collection agency.