Legal Question in Civil Litigation in New York

i was recently sued (in a civil court of New York), for a debt I never incurred. In short a lawyer sent me a letter stating I owed $6300 from an alarm company which I never did business. I answered the complaint and countersued for the exact same amount, citing section 807 paragraph (2-A) of the unfair debt collection practice. Not I have received something I am not familiar with. The law firm has sent me a letter requesting (in writing), if I am interested in signing a mutual release. After doing a little research, am I being asked to settle this matter (before) going to court? If so, how do I go about dealing with getting "something" from them for falsely reporting a debt? Thanks Ed


Asked on 4/24/10, 1:31 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

I cannot advise you on the proposed settlement agreement without reviewing it.

However, if you want to obtain compensation for your complaint against them, you can negotiate this in the settlement agreement. If you don't agree to an absloute release as they proposed, and you cannot negotiate compensation for your claim, you can pursue your claim against them in court.

Also licensed and practicing in New York.

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Answered on 5/01/10, 11:00 am


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