Will A Jury Really Award Money To Someone Who Owes A Collector?
Will A Jury Really Award Money To Someone Who Owes A Debt Collector?
You owe money. A debt collector is collecting against you. Not merely collecting but being abusive towards you. Someone says you may can sue the collector for violating the Fair Debt Collection Practices Act (FDCPA).
But will a jury (or a judge) really award you any damages against a debt collector since you owe the debt?
Sometimes people think of this as they do someone convicted of a crime — “Can’t the staff in a prison do whatever they want to you? Beat you? Rape you?”
Well, most of us understand that everyone has rights.
And it is not a fair comparison to take someone who owes money and compare them to a criminal. Even though many lawyers who make a living defending abusive debt collectors like to make this comparison.
Here’s the truth of the matter.
Everyone has to follow the laws.
If you don’t, then there are consequences.
If you don’t pay your bills that you legitimately owe, then you may owe more money or have your credit damaged.
But if a collector violates the law, then there are consequences also. They may get sued for damages, the collector may owe your attorney fees, and the publicity of being sued can encourage other consumers to sue abusive collectors and this has the effect of stopping the abuse.
So will a judge or a jury award you damages? Sure. If you prove the law was broken and your evidence is presented in a logical and persuasive way then you have a real opportunity to win.
Someone always loses in a trial.
It could be you.
But if you are right, and the collector is wrong, then understand that juries do a great job of finding the right result under the law.
We find that most abusive collectors, try as they may, can’t hide the arrogance that they operate their businesses with. . . . It comes out in the lack of an apology. The way that they claim all consumers who are having financial difficulties are “deadbeats” or some other derogatory term.
So if you have been abused by a collector, find out your rights and take the appropriate action.
If you live in Alabama and you have any questions, give us a call at 1-205-879-2447.
I look forward to chatting with you!
Thanks and have a great day.