Legal Question in Credit and Debt Law in New York
We are a licensed collection company that received a summons from an attorney that his client claimed a FDCPA violation. The attorney has a reputation of being a serial filer. The details of the debtor�s complaint are not accurate as to dates of contact or even the account # and original creditor. We contacted the Attorney to inform him that we did not violate any laws and we want to know if we have any recourse to countering their lawsuit with our own for bringing false accusations against our company.
1 Answer from Attorneys
Theoretically you can sue for attorney fees if you can prove that the law suit against your company was frivolous. In practice, it is very difficult to recover anything just on that ground alone.
However, if you can in fact proce that the attorney is a serial filer, than you might have a chance.
Also, you countersuit can be against this lawyer's client for money owed.
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