Generally, the process of proving a clear breach of the FDCPA and obtaining compensation entails suing the debt collector in court. If you are able to establish that a violation occurred, you may be entitled to statutory damages. This means that a provision in the FDCPA statute will govern how much money you can recover for a violation. The FDCPA caps the amount you can receive for a violation at $1,000 per lawsuit. Even if the debt collector violated multiple provisions of the law, the most you can recover is $1,000. It is important to note that you do not have to prove that the violation harmed you in order to receive statutory damages. You only have to prove that the violation took place or it occurred enough for the court to grant statutory damages.
If you can prove that the violation caused you actual harm, you may be granted additional damages. Under the FDCPA, you may be entitled to compensation for both physical and emotional harm. A physical manifestation of stress caused by abuse or harassment from a debt collector is an example of physical harm. This may include hives, weight loss, migraines, or hair loss. The emotional harm, also known as emotional distress, brought on by a debt collector's unlawful actions may also be made good by a court ordering them to pay you compensation. It's important to note that a debt collector who contacts your friends or family may leave you in a very distressful situation. Depression, anxiety, and fear of embarrassment are examples of emotional harm caused by a debt collector.
Without a lawyer, it may be challenging to successfully sue a debt collector under the FDCPA. Without legal representation, you might also have to pay your filing fee and other lawsuit-related expenses out of pocket. Due to the FDCPA's recognition of the potential burden, this may cause, the debt collector may be required to cover your legal fees and the cost of filing your lawsuit. In many areas of the law, a lawyer will require a retainer to begin working on your case. This means that you must pay them upfront in order for them to begin working on your case. Consumer protection attorneys might agree to represent you without a retainer, though, as the FDCPA permits the debt collector to pay your legal fees. Your attorney will ask the court to order the debt collector to pay their legal fees and costs once they have successfully argued your case.
When the debt collector or credit agencies have committed a wrong against you, trust our debt collection defense attorneys at Tariq Law, P.C., to represent you against the lawsuit. Contact us at firstname.lastname@example.org for a free case review.