Here is the story.

We are being sued by a collection agency for a debt we don't owe.

The problem is, their client died 6 months ago, and their business closed. There is no-one left there.

I sent the law firm, registered mail, and fax, copies of the cancelled check (for the exact amount and invoice they are suing for). Asking them to withdraw the case, but they don't seem to care, they are STILL pursiing it.

I have seen a lawyer, and he has given me his answer to this, but I want another opinion.

Before I spend thousands defending this case, can the law firm suing me be held liable for my attorney fees as the case is without merit, and I have given them proof.

I want it to be against the lawfirm, not the client, since the client is dead, and isn't paying his bills!

This is in Florida

What connection do you have to the business that closed. Were you named officer of the company with cheque signing authority for said company ? More information would be helpful, delphi, as I don't think there is enough for anyone here to give an informed opinion.

The business that closed is the one suing ME

1) I have a business.
2) I used ABC company for supplies.
3) I don't owe ABC anything (have cancelled checks to prove it)
4) ABC mistankenly sends account to collections.
5) Owner of ABC, dies
6) collection company still coming even though I showed proof of everything paid.

Question is, can I get attorney fees from collection company, since getting them from ABC company is worthless, the guys dead and out of business.

Also, there was NO written contract between me and ABC Company.

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Originally Posted by delphipgmr

here is the story.

we are being sued by a collection agency for a debt we dont owe.

the problem is, their client died 6 months ago, and their business closed. there is no-one left there.

I sent the law firm, registered mail, and fax, copies of the cancelled check (for the exact amount and invoice they are suing for). asking them to withdraw the case, but they dont seem to care, they are STILL pursiing it.

I have seen a lawyer, and he has given me his answer to this, but i want another opinion.

before i spend thousands defending this case, can the law firm suing me be held liable for my attorney fees as the case is without merit, and i have given them proof.

i want it to be against the lawfirm, not the client, since the client is dead, and isnt paying his bills!

this is in florida

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What did the Attorney you had the consult with say about suing the law firm? The Attorney is familiar with the entire case and Florida law.

That having been said and depending on the amount of the claim against you I would say the law firm is acting at the direction of a client, based on info and documentation provided by the client and is not responsible for your legal fees - they are "merely" representing a client to the best of their ability.

They wouldn't be the first or the last firm to represent a client and then find out the information is faulty or incomplete or just plain wrong.

Now, if you have a past history with the law firm and they are suing you just to make your life miserable, sure, then you have a case against them.

I'm not so sure I agree with Judy here. If you have provided proof that their collection effort is unfounded, you may be able to countersue them for your attorney fees. But the bottomline is, if they are suing you, you should get an attorney to represent your interests.

Judy - the client they are represented is dead and out of business. In fact, I'm curious who they are going to have as "witnesses". The dead guy signed the affidavit.

Scott - what are you basing that opinion on.

(I asking these questions to verify what the attorney has told me)

First, just because someone is deceased does not mean that legal action stops. The law firm may still be representing the estate of the deceased person. Or the executor of the estate is pushing that the case be pursued. The estate is a legal entity that can continue the business of the deceased under the management of an executor or probate judge.

Second, I'm assuming you are asking about my opinion that you have grounds for a countersuit. There are laws about frivilous lawsuits and malicious prosecution. If it can be shown that an attorney pursued a case, knowing they had no legal standing, that would provide grounds for a countersuit.

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Originally Posted by delphipgmr

judy - the client they are represented is dead and out of business. in fact, im curious who they are going to have as "witnesses". the dead guy signed the affidavit.

Scott - what are you basing that opinion on.

(I asking these questions to verify what the attorney has told me)

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Receivables do not die when the principal dies; they do not die when the company goes out of business. I am presently the executrix of an estate and am collecting unpaid invoices. In fact, I am bound by law to collect the monies which were owed to the deceased. Unless the "dead guy" lived on an deserted island and kept no records at all the law firm has proof of something, proof which they believe will prevail.

As far as the "dead guy" signing an affidavit - the affidavit survives him. Courts which "usually" do not accept affidavits and demand personal appearances WILL accept an affidavit if the person is deceased.

I respectfully disagree with Scott on the liability of the law firm - as I said, unless it's a personal vendetta they are simply representing their client. They can either believe you or not believe you and it appears they have chosen the latter. As long as they are acting in good faith I don't believe they have liability.

Also - I am not an Attorney and my thoughts/opinions/experience should not be used to verify what a licensed Attorney has told you - plus, that Attorney knows (presumably) all the facts as well as the laws in your area. I only know what you have posted and what I have researched.

Judy and I aren't that far apart here. We both agree that the fact that the owner is deceased has no bearing on the law firm's pursuit of what they believe to be a debt. The only place we disagree is what would constitute proof that the debt was paid. I would think a cancelled check, for the exact amount of the bill and dated close to when the bill was due, would be enough. They may think otherwise.

Have you actually had a discussion with them as to why they still believe you owe this debt, after you have presented your proofs?