Legal Question in Credit and Debt Law in Florida

correcting a legal error in a counterclaim

While filing a counterclaim against a creditor, I made an error as to the violations that they committed. I was not aware at the time I filed the counterclaim that the FDCPA was for third-party debt collectors....Under Florida State Statute (Title XXXIII, Chapter 559, Section 72 (4)), a creditor may not contact an employer prior to judgment.....I need to add this violation against the creditor and remove the violations that I stated under the guidelines of the FDCPA. Can this be done and if so, how?


Asked on 1/17/07, 8:24 pm

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Re: correcting a legal error in a counterclaim

If the time to respond to the counterclaim has not expired, you can file an amended counterclaim - just make the changes as if you had never made the error in the first place. The caption is "Amended Counterclaim". File the original w/ the Court and mail a copy to the creditor's attorney.

If the creditor has filed an answer, you'll need to move the Court to allow you to file the amended counterclaim.

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Answered on 1/17/07, 8:54 pm


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