Filing any lawsuit means that at some point, you may have to appear in Court in order to prove your claim and win the case. This applies when suing a debt collector under the Fair Debt Collection Practices Act (FDCPA). However, in any lawsuit, the parties may reach an agreement without ever seeing the inside of a courtroom.
Settling a Claim Outside of Court
Many defendants, including debt collection agencies, prefer to avoid the time and expense of defending a claim in court and chose to settle instead. This way they can also avoid a judgment against them, which will become public information. Settlement in a case filed under the FDCPA generally includes a reduced debt and repayment plan in exchange for dismissing the suit. Because negotiating a settlement can be as stressful to some consumers as appearing in Court, you may want to consult with an FDCPA attorney to help you get the best deal that you can. Particularly since, once you file a lawsuit, you will be dealing with the debt collection agency's attorney and not a call center representative.
If You Have to Go to Court
Some debt collection agencies are unwilling to settle a claim when a lawsuit has been file against them and prefer to go to court instead. This is especially true in cases where the Plaintiff has filed the lawsuit without an attorney. If no settlement agreement can be reached and you have to go Court, you will want an experienced FDCPA attorney with you. Courtroom procedure can be complicated and you will not just be able to go in and tell your story to the judge. It can be difficult to get evidence admitted, avoid asking improper questions, and prove your case when you are not familiar with the rules of procedure or how a particular judge likes to conduct proceedings in his or her courtroom. Your attorney can help you present evidence, question witnesses, and follow the proper procedure to ensure that you are able to say what you need to say, present your evidence, and make the judge understand exactly what happened and how the debt collector violated the law.
It doesn't cost you anything to hire us for a FDCPA matter. At the Law Office of Paul Mankin, there are no upfront fees when you hire us to stop a debt collector or creditor from harassing you, and we only get paid if we win. The debt collector may pay our fees or we may split any cash settlement with you.
If a debt collector or creditor is harassing or abusing you, or of you have filed a lawsuit against one and think you may need any attorney, please contact our office at 1-800-219-3577, for a free, no obligation consultation.