The Law Office of Paul Mankin

Do I need an attorney to file a claim under the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) allows consumers to sue debt collectors who violate the Act by using unfair, abusive, or deceptive practices to collect on a debt. While you can file almost any lawsuit without an attorney, you might be wise to hire experienced counsel for a claim under the FDCPA.

How Can an Attorney Help with a FDCPA claim?

An attorney can evaluate your case, determine which court the suit should be filed in, and prepare the complaint to ensure that no claims are left out of the original pleadings. Lawsuits filed in the wrong court can be dismissed for lack of jurisdiction and claims not pled in the original complaint can be considered waived, so you may lose your opportunity to make them later.

Once your complaint has been filed, your attorney can help you try to negotiate a settlement with the debt collector. Remember, once you file a lawsuit, you will have to deal with the debt collector’s attorney, not a call center representative, and the collector’s attorney will likely be experienced in negotiations, so you will want someone just as experienced on your side.

If a settlement cannot be reached and you have to go to Court, you will want a FDCPA attorney with you to make sure that the judge hears all of your evidence. The rules of courtroom procedure are complicated, and if not followed can lead to some of your evidence being ruled inadmissible. This could mean that the judge will not hear your entire story and might rule in favor of the debt collector simply because you were unable to present your entire case. Your attorney can also help ensure that the debt collector is not allowed to present evidence that would otherwise be inadmissible in Court, as their attorney may be able to get it admitted simply because you do not know the proper objection.

Before you go to court, your attorney will handle all communications with the debt collector’s attorney and the Court, file all necessary pleadings and responses, and help you collect the evidence that you will need and format it in a way that will be admissible in court.

If a debt collector or creditor is harassing or abusing you please contact our office immediately at 1-800-219-3577, for a free, no obligation case review.