Why file an FDCPA counterclaim instead of just defending the lawsuit?

A defense gets you to a draw at best — the collector loses, you owe nothing. A counterclaim turns it offensive: the collector now owes YOU statutory damages up to $1,000, plus attorney fees if you retain counsel, plus actual damages, plus costs. Many collectors settle quickly to avoid a jury hearing the harassment evidence.

Do I need a lawyer to file an FDCPA counterclaim?

No — pro se litigants regularly file FDCPA counterclaims. The statute is consumer-friendly. The FDCPA also provides for fee-shifting, so consumer-rights attorneys often take FDCPA cases on contingency once a counterclaim is on the docket — they get paid by the collector if they win.

What FDCPA violations are most often pled?

The strongest counterclaims plead 3–5 specific violations the consumer can document with call logs, voicemails, or letters. The most common are: § 1692g(b) (failure to validate after written dispute), § 1692e(8) (failure to mark debt as disputed in credit reporting), § 1692e (misrepresentation of amount or status), § 1692c(c) (continued contact after cease letter), and § 1692d(5) (repeated harassing calls).

Will this template be accepted by my court?

The substantive FDCPA claims and citations are sound and have been pled in federal courts thousands of times. What varies is formatting: caption layout, paper size, line spacing, line numbers, font requirements. Always confirm your court's local rules before filing. Many state courts require specific caption blocks, numbered lines, or pleading paper that this template does not generate.

Debt-defense tools

FDCPA counterclaim

Sued? Sue back.

When a debt collector sues you, the FDCPA gives you a counterclaim that turns defense into offense. Statutory damages up to $1,000, attorney fees if you retain counsel, costs, and a jury demand. Many collectors settle quickly once a properly- pled counterclaim is on the docket. The wizard builds the federal-style pleading for you — free.

1You + case
2The collector
3Violations
4Relief sought
5Review

Your full name (Defendant) *

Street address *

City, State, ZIP *

Phone (optional)

Email (optional)

Plaintiff name (as captioned on the complaint)

Case number *

Court name (full caption) *

Pre-lawsuit

FDCPA validation letter

If you haven’t already, send a § 1692g(b) validation letter. Failure to validate before suing is the strongest single FDCPA claim.

Open the validation wizard

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Case Pass — $149

Answer with affirmative defenses + this counterclaim formatted to your state’s pleading rules + deadline tracking + AI Q&A. 12 months for one case.

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