What is gained by counter sueing

[eli4625]

What is the name of your state (only U.S. law)? IN

I am presently being sued in superior court for a past CC debt. However I was already sued for this cc back in small claims court back in 2004 and a judgement and garnishment was the result and the debt was paid. I have been told I should sue those sueing me now. What exactly would I sue for and whom? Would I sue the collection agency or the law firm? Outside of collecting laywer fees, what could I get? I am filing by myself the answer to the complaint and copies of the previous lawsuit. If the case is thrown out by the judge should I then go to an attorney, tell him/her what happen and let them sue?

 

[catdsnny]

not sure about your state law, but the general doctrine that applies to your situation is called res judicata - the issue has already been decided, thus you have an undeniable defense in the current case. a counter claim is generally used where a cause of action arises from the same actions that the defendant is being sued for and the defendant feels there are damages based upon the set of facts presented by the plaintiff. in your case, you may have an FDCPA action which is brought under 15 usc 1692. the part that may be of interest is 1692 f(1). alternatively, there are frivolous/vexatious litigation statutes in most states, so your remedy may be in state court also. there are generally an abundance of lawyers willing to take on this type of case because its pretty easy to win and comes with an almost certainty of an award for attorney fees. you may be better off just approaching the law firm that sued you, provide them with a copy of the prior judgment and ask them to pay you some amount to settle the case without litigation.