Why does the debt collector have to pay my attorney fees under the FDCPA?
What does it mean that the debt collector I sued under the FDCPA may have to pay my attorney fees?
The normal rule.
The normal rule is that everyone pays for their own attorney’s fees.
Whether you are sued or you do the suing, you normally pay for your own attorney.
This is true whether you win or lose your case.
However, in some cases there is a special rule, which is called “fee shifting.”
Fee shifting is more commonly seen in consumer protection laws.
This is where, if you win after trial or in some cases a settlement, the debt collector who was sued may have to pay your attorney’s fees.
So, they have to pay your attorney fees in addition to their own attorney fees.
You may be wondering, “Why does this matter?”
This is important, because it helps motivate the debt collectors to settle with you quickly.
Instead of racking up plenty high amounts of attorney’s fees (for example our rate is $400 per hour), they’re encouraged to work out a settlement with you.
And to do so quickly while the attorney’s fees are lower.
This doesn’t mean that they are required to settle with you, but it does make them think about it carefully.
If you’re dealing with an abusive debt collector and you have any questions, you can reach us by phone at 1-205-879-2447.
We will be glad to answer any questions that you may have.
I look forward to talking with you!
Have a great day.