FDCPA Will I have to go to court?

This is a big question at our office. The quick answer is usually no. The FDCPA is a very strong, consumer oriented law that sets forth what actions a debt collector may take and what actions it may not take. There isn’t a whole lot of gray area in the FDCPA. If there is a violation of your rights by the debt collector, we know it and we pursue that claim vigorously. Because of our tenacity, we have developed a reputation as a firm that debt collectors do not want to litigate with. If we feel that there is a violation, then there is one and the debt collectors know that we know what we are doing. The more they fight us, well, the more it’s going to cost them in the end. The fee shifting provision in the FDCPA says that the debt collector has to pay your reasonable attorney fees for any claims against them. The more they fight, the more time we put into the case, the higher the claim ends up being.

Debt collectors, while they are not the brightest bunch, realize this fact. They fight us, they lose, we win. Not to make things sound too simple, but this often is the case because of the quality of claims that we file. We don’t handle “iffy” claims or “maybe” claims. We file claims that have solid evidence of a violation.

We have developed such a reputation for handling FDCPA matters that several of the larger debt collectors have actually asked us to not sue them. If we uncover a violation that one of these collectors has committed, we have been asked, again by multiple debt collectors, to contact them prior to filing a lawsuit to see if the claim can be resolved amicably without the need for litigation. Granted, this does not happen on every case, but it happens more often that you might think. If we can resolve the claim quickly, there will be no need for you to go to court.

This isn’t to say that we don’t go to court on these cases.  To the contrary, we make several court appearances each week and are successful a vast majority of the time. Going to court helps us not only win the instant case, but, it gives us ammunition for the next case as well.

Our goal on every case is to do what is best for the client. In many instances, that means that the client never sees the inside of a courtroom.

If you think that your rights have been violated by a debt collector, simply call our office at 412-348-8600 or send an email to Greg Artim

Pin It on Pinterest