Legal Question in Consumer Law in Georgia

I had a account with lowes inc up to four years ago. I closed the account in good standing. Sent then i have been getting phone calls saying that i have an outstanding account in the amount of $3,230.00 and now have got paper work from the Magistrate Court. The questions is can i counter sue Lowes inc.


Asked on 9/23/10, 5:59 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You may be able to counter sue Lowes under the Fair Debt Collection Practices Act. The FDCPA controls how debts may be collected. If Lowes violated the FDCPA (consult with an attorney), you have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can�t prove that you suffered actual damages. You may also can be reimbursed for your attorney�s fees and court costs. As always, I recommend you consult with an attorney before going down this road to determine your chances of success.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 9/28/10, 6:24 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

We don't know enough facts to know why they say you owe money or why you claim you don't. If they're correct, you are taking a dangerous and wrong approach. If you're correct, you may or may not have a counterclaim, but you would need to also raise defenses. Deadlines in cases are short and you need to see a lawyer immediately.

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Answered on 9/28/10, 7:05 am


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