Legal Question in Personal Injury in Virginia
warrant in debt (civil claim for money)
I have been pursued by a collection agency for a debt that I paid off 3 or 4 years ago. Now I have received a warrant in debt to appear in court. Can I file a counterclaim so that, when I go to court and demonstrate that the debt was settled some time ago, I can receive money from them?
Asked on 12/11/08, 4:34 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: warrant in debt (civil claim for money)
Yes, you could file a counterclaim, but you also need to prove credible damages.
A better approach for you to pursue could involve filing claims in federal court under the FDCPA(Fair Debt Collection Practices Act)and related federal statutes where all you need to prove is that the predator collector committed violations prohibited under these Acts.
Answered on 12/13/08, 8:48 am