By:Â Robert J. Nahoum
THE PROBLEM:
You’ve been contacted by a debt collection agency trying to collect a debt. You’ve done your research and believe that the debt collector violated federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short).You want to hire a an attorney to sue the debt collector for harassing and lying to you but are concerned how much the lawyer will cost.
The Rule:
The FDCPA regulates the collection of consumer debts and prohibits the use of false, misleading and harassing debt collection tactics. The FDCPA includes a private right of action under which a consumer may sue a debt collector for FDCPA violations. If a debt collector is found to have violated the FDCPA, the consumer may recover up to $1,000.00 in statutory damages, plus actual damages (for example pain and suffering) and most importantly, your reasonable attorneys’ fees.  Like many other consumer protection laws, the FDCPA is what is called “fee shifting†– meaning that the obligation to pay the consumers attorneys’ fees shifts to the debt collector.
Because the FDCPA is fee shifting, most good consumer lawyers don’t charge their clients any out of pocket money. The attorneys’ fees are generally agreed upon in a settlement or awarded by the court or a jury.
WHAT YOU SHOULD DO:
If you believe a debt collection agency has violated the FDCPA in it its efforts to collect a debt from you, speak with an experienced consumer protection attorney and don’t be deterred by the fear of having to pay heft legal fees.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com