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Hess Kennedy Company

This year is going to be the year of the Debt Collection Abuse Lawsuit. Plaintiff's attorneys across the country are realizing that the fdcpa packs a one two punch against debt collection abuse.

Punch One: Attorneys Fees are awarded under the Statute.

Punch Two: We litigate in Federal Court. No more State Court creditor judges.

Also, debt collectors beware, all attorneys are suing individual debt collectors as "JOHN DOE" and when they identify the true name of JOHN DOE they amend the complaint to include you as a defendant.

They are popping up everywhere: myfairdebt dot com

ccdn dot cc

Posted: Tue Feb 27, 2007 5:54 am Subject:

Isn't this interesting! Does this mean that the collectors have to start following the law and not using scare tactics to get their money?

Posted: Tue Feb 27, 2007 6:12 am Subject:

I don't know, didn't that one dude (whose name I will not mention) state that he didn't have to follow the fdcpa? He bragged about never following that, and never finding trouble?

Posted: Tue Feb 27, 2007 3:21 pm Subject:

FYI to consumers: If you have a good case, the lawyer should not try to charge a retainer or other hourly charges. Also, proceed with caution if using any "services" or sites advertised like the one in this original post above. I'm not saying it is bad, just be careful so you don't get taken.

Posted: Tue Feb 27, 2007 4:53 pm Subject:

I understand fully what you mean Texas - buyer beware. I am much wiser now and until I see proof positive about this law I intend to be leary of it.

Posted: Tue Feb 27, 2007 7:51 pm Subject:

Texaslawyer:
If you have a good case, wouldn't the lawyer take it on a contingency basis--so that he or she wouldn't get paid unless we got paid?

Posted: Tue Feb 27, 2007 7:57 pm Subject:

I would think they would, however, I am finding it hard to find an advocate in Pa. These ones have bigger fish to fry, accidents, divorce, criminal offense & etc.

Posted: Tue Feb 27, 2007 8:30 pm Subject:

If I take any case alleging violations of the federal and/or state collection laws, I always do it on a contingency fee basis because I know the law provides for mandatory attorney fees for a successful plaintiff. But in a small number of cases I require my cleint to pay the initial costs up front (less than $60).

Any lawyer who knows what they are doing in this area is well aware of the law providing for attorney fees. But I am also aware that if a client wants to push a case without much proof or difficult fact patterns, some lawyers will ask the client to bear the burden of all expenses as they are incurred and possibly a small hourly or retainer fee.

I often get cases where other lawyers declined to help because they did not know the law. It is very possible while searching you will be turned away by many. That is why my signature always directs people to naca.net. The lawyers have varying degrees of skill and knowledge and the individual listings are only updated yearly. Therefore, you may not find what you are looking for on naca.net, but it is a good starting place, rather than a marketing website.

One last thing about the marketing post at the top, sometimes the state laws are even better than the federal laws when it comes to recovering money damages for clients. Therefore, it is not always best to pursue claims in Federal court.

Posted: Wed Feb 28, 2007 11:44 am Subject:

One thig about naca.net, I contacted a lawyer who was an hour or so from me. She was actually closest to my home. She answered a few of my questions, stated that she didn't practice in my county, and referred me somebody who is close to home. That is how I found my current attorney.

Posted: Wed Feb 28, 2007 12:56 pm Subject:

Texas, I just talked to an attorney that I found through the NACA and he told me that he charged a "retainer fee" of $750 plus $350/hour. If I could afford to pay him, I would pay my bill, right? Obviously, I didn't use him, and currently am trying to find an alternative solution to my problem.

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