If a creditor committed a critical oversight, is it grounds for a civil suit?

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If a creditor committed a critical oversight, is it grounds for a civil suit?

I defaulted on a debt that I can no longer continue to pay. Recently I’ve received 2 express mails notifying me that the debtor is in the process of filling a civil suit against me. One of the letters actually belonged to me. The other, though sent to my home address, belonged to someone else. Huge privacy breach. Do I or the person have grounds for a countersuit? Could I use this as a negotiation weapon against the creditor? And under what grounds? The amount I owe is potentially much less than a judgement payout in the event of a countersuit against the creditor.

Asked on June 11, 2012 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because the creditor that you have written about may have been "sloppy" with respect to his, her or its attempt to contact you about the debt owed as you have written, such "sloppiness" does not in and of itself set forth a factual and legal basis for a cross complaint by you against the creditor.

You could try and use the "sloppiness" issues as a basis for negotiation of your debt, however most likely such an attempt to do so will simply polarize the creditor and you into your repsective positions.

If you owe money for the debt, I suggest that you negotiate in writing for a set amount and pay over time if that is your choice.


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