[MA] Can I file a counterclaim if the collector sued me without validating the debt?
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Under the FDCPA (15 U.S.C. § 1692g), if you request validation within 30 days of the first notice, the collector must cease collection until they provide sufficient verification. “Validation” should show the debt exists, it’s yours, and they’re authorized to collect (940 CMR 7.08). Generic account statements can be insufficient. If they resumed collection (including filing suit) without adequate verification, that can support an FDCPA counterclaim/defense.
In court, you can challenge standing, the existence/amount of the debt, and the chain of assignment under the rules of evidence. If they only have generic statements and no proper assignment/business-records foundation, you can move to dismiss or seek summary judgment.
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Debt collector is suing me for $1K they say I owe, without properly validating the debt. I mailed validation letters; they only replied with alleged account statements.
I’m sorry to hear that. Have you received any communication from the debt collector’s attorney regarding the lawsuit?
Human attorney.
Have you kept copies of the validation letters you sent and their responses?
Yes.
Anything else the consumer protection lawyer should know?
No.
Good afternoon and welcome.
Okay. I live in Massachusetts.
Under the FDCPA (15 U.S.C. § 1692g), if you request validation within 30 days of the first notice, the collector must cease collection until they provide sufficient verification. “Validation” should show the debt exists, it’s yours, and they’re authorized to collect (940 CMR 7.08). Generic account statements can be insufficient. If they resumed collection (including filing suit) without adequate verification, that can support an FDCPA counterclaim/defense.
In court, you can challenge standing, the existence/amount of the debt, and the chain of assignment under the rules of evidence. If they only have generic statements and no proper assignment/business-records foundation, you can move to dismiss or seek summary judgment.
I kept all correspondence and repeatedly requested the original signed contract, chain of custody/assignment, full accounting, proof they can collect in MA, and proof they didn’t report the debt while I was disputing. They never provided this. Does that help? I’m thinking of filing a counterclaim.
Yes. Your correspondence documents a timely dispute and their failure to fully validate—good for an FDCPA counterclaim. The absence of an original contract, chain of assignment, and proper accounting also supports challenges to standing and evidence in Massachusetts.
For damages, should I request a reasonable, quantifiable number, or go for the max allowed?
You can ask for a specific number.
Does that mean be reasonable, or ask for the highest amount?
Ask high, my friend. And you’re very welcome.
