Legal Question in Credit and Debt Law in Virginia

Filed Answers to Collection Agency with counter and now they want to settle?

Collection agency filed a Bill of Particulars and I responded with proof that they had no grounds for collection, their evidence did not show any account info they were collecting for, nor did they respond to phone & letter for validation/verification. Further, they continued reporting to credit agencies several times of collection debt. We countered with Non-compliance of Validation/Verification, Compensatory, general and punitive... Now, Collection agency called and wants to drop their suit, if we drop ours. Should I agree to drop my counter, or could they revisit if we just drop? Should I have judgement to show credit agencies (already disputed with credit agencies but nothing was removed) that this is not our debt? Do I have a chance to get judgement in our favor?


Asked on 4/30/08, 3:36 pm

1 Answer from Attorneys

Re: Filed Answers to Collection Agency with counter and now they want to settle?

I would consult with an attorney as your claim appears viable, but potentially difficult to properly present. Personally, I would be hesitant to drop my claim in exchange for the collection agency's agreement to drop what may be an utterly baseless claim. I would want a written release from the agency and underlying creditor (if any) of the debt as well as assurance that my credit will be restored and cleared. I would also want reasonable compensation for the various costs associated with defending against their claim.

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Answered on 5/01/08, 11:04 am


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