“Do Federal Judges dislike suits against collectors?”

“Do Federal Judges dislike suits against collectors?”

I can’t speak for how judges are everywhere but the federal judges I’ve been in front of in Alabama and other states have not shown any dislike for our cases brought under various federal laws against debt collectors.

So this article is for consumers who are wondering if their rights have been violated and also for lawyers who are looking to bring a suit and wondering if they should.

We train lawyers how to bring suits under the FDCPA (Fair Debt Collection Practices Act) and we want them to bring the right kinds of lawsuits.  So let’s talk about what judges do dislike.

Judges dislike cases that are not real violations.

So if the collector claims you owe $500 and you really owe $499, don’t sue on this.  Make sure what you sue on is a real violation that a judge would say “Yep, that seems wrong to me….”

Does your client not owe the money?  Great, sue on that one.

Does your client owe the money and the collector asked a neighbor to take a message to your client, that is a good case.  Debt collectors can’t ask a third party to pass along messages because it is such an invasion of privacy which is why the FDCPA is so specific about what can be said to a third party.

I think you get the idea — have it be a real violation.  As a foot note, defense lawyers think everything is a “technical” violation — that is a bogus argument.  If the conduct is prohibited in the law, then it is not technical.

Just use some common sense in whether to bring a case….

Judges dislike cases where the lawyers have no credibility.

There are some lawyers who, frankly, have no credibility with judges.

They bring bad cases.

They are sloppy.

Or, they mis-represent the law.

Judges don’t trust them.

If that type of lawyer brings a case, the judge will naturally have some suspicions of the case.

So for consumers, hire a lawyer with a good reputation.

For lawyers, guard and protect your credibility.

What this means to you if you are dealing with abusive debt collectors.

You should always want to know the answers to several questions:

• Did the collector violate the law?
• Is it a real violation or is it something that no judge would think is worthy of bringing suit on?
• Does it make sense for me to file suit on?

These questions and others are ones a good consumer protection lawyer who sues under the FDCPA can answer for you.  Make sure you get good answers and then make a good decision on whether to sue now or to wait to sue.

Ultimately here is the bottom line.  When federal judges see federal law violated, then whether the judge is “conservative” or “liberal” they recognize there can be a price to be paid by the collector for violating the law.  The federal judges I know don’t see themselves as ones to change the law — they merely make sure the law is carried out as it is written.

Debt collectors break the law?  They get sued.

They pay damages.

Pretty simple.

How to find out more information about your rights.

Get with a lawyer.

If you are in Alabama you are welcome to get with us by calling us at 205-879-2447 or filling out our contact form.

If you are a lawyer in Alabama or another state, we will always be happy to talk about you referring the case to us or co-counseling with us.

While we are often brought in right before a trial, we prefer to get in cases on the front end.

You can call us at 205-879-2447 or let us know in the contact form about the potential case and how to reach you.