need opinions plz anyone my friend has an acct with a CA who is violting the FDCPA he is still within SOL and actually thinks they may not have the proof. he wants to sue, what are the chances the CA will file a counter suit IF they can prove he owes the debt?
* They might but it would be inappropriate for them to do so. Their claim that he owes them money would not be an appropriate answer to his suit. They might very well attempt to raise the issue at trial in order to claim that he is only doing it to circumvent their lawful attempts to collect for their client and maybe the judge would listen to that. I don't know how a judge would react to such a claim from the defense. If your friend has a solid case against them and a good attorney I think the attorney would object to such on the grounds that their counter claim has no bearing on the matter before the court. That's just my opinion and I'm not an attorney so I can't really say for sure.
Thx for your response even though you work for a CA you can be a valuable asset here regardless of diferences of opinion.
Re: Re: counter suit question? I don't work for a CA, I own it. There really should be no differences of opinion because I don't do consumer collections. I only do commercial collections for a few equipment leasing companies. They mostly do leasing of heavy construction equipment or other types of machinery. They are all very large accounts so I really don't need many clients but I am thinking of branching out into another very specialized area of collections and that won't deal with consumers either. I am in complete agreement with the opinions of consumers who are abused by debt collectors. So there should be no difference of opinon at all.
