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Filing lawsuit within SOL increase chance of countersuit?


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I believe that any suit against you for the underlying claim would have to be brought in a separate action. I don't think the creditor is allowed to file a counterclaim for the debt in an action against them for violations.

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The defendant can countersue for the underlying debt if the debt is within SOL if allowed by state statute. Some states do not allow it and if your's does not, state court might be the venue for you. If you sue in federal court there is federal caselaw allowing this but I will need to look for it as I cannot recall the name of the case offhand. If you can prove the violations, you can use that to offset the counterclaim.

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Thanks for clearing that up.

So, the underlying debt is considered to be closely enough related to the plaintiffs suit for violation of Federal or State laws. I was operating under the premise that the counterclaim had to be based on the same event or cause of action that the plaintiff's action was based upon.

Some of my old reference material:

At common law a defendant in all cases had to bring a separate action against the plaintiff regardless of the relation between the two claims. Later the common law permitted the defendant to counterclaim against the plaintiff if the defendant's claim was based on a breach of the same contract sued upon by the plaintiff. In such a case the defendant could only use his claim as a defense to reduce the plaintiff's recovery.
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Thanks for clearing that up.

So, the underlying debt is considered to be closely enough related to the plaintiffs suit for violation of Federal or State laws. I was operating under the premise that the counterclaim had to be based on the same event or cause of action that the plaintiff's action was based upon.

Some of my old reference material:

At common law a defendant in all cases had to bring a separate action against the plaintiff regardless of the relation between the two claims. Later the common law permitted the defendant to counterclaim against the plaintiff if the defendant's claim was based on a breach of the same contract sued upon by the plaintiff. In such a case the defendant could only use his claim as a defense to reduce the plaintiff's recovery.

What this says is that if you sue for violations that the defendant committed trying to collect the debt, then they can countersue for the debt but can only use the claim to offset what they may lose to you. Is this one of your state statutes? As I said before, there is recent federal caselaw that provides more than just an offset. Again, I will look for it.

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