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Contact > FDCPA Fact Sheet
1. Introduction
When abusive debt collectors break the law, individuals have the right to sue
for damages. Many debt collectors make their living by routinely breaking the
law and paying out money damages to the occasional person who sues them. This
is bad for society, but it can be good for people who know their rights and are
motivated enough to enforce them. The information below is meant to help you
understand the process of bringing a law suit against a debt collector under the
Fair Debt Collection Practices Act (“FDCPA”).
Most FDCPA cases settle early (one to two months), but you must be willing and able to go to
trial and testify before bringing a case.
2. Damages
There are two types of damages in an FDCPA case, statutory and actual. Everyone
gets statutory damages of up to $1,000 if they prove a violation of the FDCPA.
In settlements consumers almost always receive at least $1,000. Additional damages are also available.
So-called "actual damages" are things like out-of-pocket losses
and emotional distress. In order to recover money for emotional distress you
generally have to have specific physical symptoms of the distress, like loss of
sleep, anxiety attacks, loss of appetite, etc. If you have any symptoms of
emotional distress that were caused by a debt collector write them down as soon
as you can and share them with me. Damages for emotional distress vary, but
usually are anywhere from $500 to tens of thousands of dollars, depending upon the
severity.
3. Attorney’s Fees
You pay no attorney’s fees. The debt collector must pay your attorney’s
fees upon successful judgment or settlement. If there is no successful judgment
or settlement, you do not have to pay fees.
4. Initial Preparation and Ongoing Involvement
You must prepare a written timeline of what the debt collector did to you. It
does not need to be anything fancy; just lay out what you remember. Use
quotations when you can and describe what the debt collector said to you and/or
third parties as much detail possible. Please email this to me.
Many cases settle early with no real involvement from the client. The vast
majority of cases are filed, the lawyers negotiate and conduct discovery, a
settlement is reached, and the client is paid. However, sometimes a defendant
will not settle reasonably and a case must go to trial. If this happens you must
make yourself available to testify at a deposition and at trial. You must
also respond to my requests and attempts to communicate with you.
Click here to submit the FDCPA questionnaire.
© 2002-2009, Law Office of Nicholas F. Ortiz, P.C.
Any information you obtain at this site is not, nor is it intended to be, legal
advice or a complete explanation of any topic.
Any person making an inquiry to the Law Office of
Nicholas F. Ortiz, P.C. through this web site is advised that no attorney-client relationship
will be formed without a signed written agreement.
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