Legal Question in Credit and Debt Law in Michigan
Counter Claim in Federal Court
I am being sued in civil court by a debt collector, they have not proven the debt as described by federal law. Further the statute of limitations has elapsed on the alleged debt. I was reading a book called ''To Pay or Not to Pay'' that recommended filing a counter claim in civil court and then suing them in Federal court. When you do that do you reference the other case in Federal court? Or do you treat them as seperate actions?
1 Answer from Attorneys
Re: Counter Claim in Federal Court
You can't counter-claim in state court and then file a case in federal court on the same facts.
The judge on the case now is likely going to determine whether the debt has been proved. Instead of spending time trying to get ou of the debt by doing an end run around the court, why not figure out if you owe the debt and how to pay it. The court isn't going to have ANY patience for silly tricks out of a book.
Bottom line: you have to deal with the case where it has already been filed, assuming jurisdiction is appropriate. If that book is telling you to do this, throw it away.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
