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  1. #1
    Join Date
    Jan 2013
    Posts
    10

    Default Do You Need to File a Counterclaim to Disprove a Collection Lawsuit

    My question involves collection proceedings in the State of: Ohio

    Ive been sued by a collection agency. I have already answered the summons and have an upcoming court date.
    I included several affirmative defenses that I am sure will have their case thrown out -- including validation.

    But, because I am being sued do I need to file a counterclaim to seek relief as the defendant if I can prove through disproving their case that they have violated the law?


    Thanks for your time and consideration,

    Tommy

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Do You Need to File a Counterclaim to Disprove a Collection Lawsuit

    You will file your answer to the complaint, responding to their allegations, properly raise any affirmative defenses you may have, and if you have a viable claim (or claims) of your own for damages against them you can bring a counterclaim. You can defend your case without filing a counterclaim, but if you have your own damages claim you will need to file the counterclaim to raise it. The rest depends on the facts.

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