How Do I Pay an FDCPA Attorney?
![Pay an FDCPA Attorney]()
General Rule: If you win your case, the debt collector will be responsible for paying your attorney fees. Most consumer rights attorneys will evaluate a case and agree to represent you at no cost to you.
Dealing with an aggressive debt collector can begin to consume your life. They may call you throughout the day or leave you obscene voicemails. They may even reach out to your family and friends to pressure you to pay a debt.
There are many aggressive and abusive tactics that some debt collectors will use to get you to pay a debt. These tactics are illegal under the Fair Debt Collection Practices Act (FDCPA). If these tactics are occurring to you, you have the right to file a claim against them.
However, most people worry about handling a lawsuit on their own. Yet at the same time, they are not sure how they can afford an attorney to represent them. In this article, you will learn how the FDCPA helps you when hiring an attorney to represent you in making a claim.
Why Do I Need an Attorney?
The FDCPA contains many different regulations on the debt collection practice. There are several reasons why you would want to hire an attorney. They can help recognize additional violations and advise you on the strength of your case.
An FDCPA attorney specializes in handling cases involving the following types of illegal debt collection practices:
- Harassment. If a debt collector is harassing you to pay a debt, they may be in violation of the FDCPA. Harassment can occur by how often and when they call you. It also includes the way they communicate with you.
- Deception. If a debt collector tries to deceive you or misrepresent any information to get you to pay a debt, they likely violated the FDCPA.
- Publicizing Your Debt. With limited exceptions, a debt collector cannot let others know about your debt.
Who Pays My Attorney Fees?
A great benefit of suing under the FDCPA is that it contains a fee-shifting provision. Essentially, if the court finds a debt collector guilty of violating your rights under the FDCPA, they will have to pay your attorney fees. This fee-shifting provision can take the burden off the consumer who may already be dealing with other burdensome costs.
This fee-shifting provision provides an additional benefit. It motivates the debt collector to handle the case fairly. There is no benefit to the debt collector driving up the time and cost of the litigation to wear you down. If they do, they do so at the risk of knowing they may be responsible for all of those additional court costs and attorney fees.
Because of this fee-shifting provision, you can proceed with a strong case knowing that the lawsuit will not end with you owing another bill. In addition, it will likely motivate the debt collector to stop the illegal behavior and possibly settle the case with you quickly. If they do not settle with you quickly, they may be responsible for additional costs from the court. Those can include:
- Statutory damages (up to $1,000)
- Actual damages
- Punitive damages (for severe and intentional violations)
Note: The FDCPA fee-shifting provision applies to lawsuits against third-party debt collectors. You cannot sue an original creditor under the FDCPA.
What Are Reasonable Attorney’s Fees?
It’s important to note that the FDCPA specifically approves reasonable attorney’s fees. A court determines what constitutes a reasonable attorney fee. Generally, a court will use the following factors to make that determination:
- Level of Effort. Each case is unique. Some cases will take more time and effort than others and the fee should be consistent with that.
- Expertise. Those with greater experience can charge a higher rate than those who are newer to these types of cases.
- Past Cases. There are many debt collection cases adjudicated under the FDCPA. A court can look at fees from past cases to determine what is reasonable.
It’s also a good reminder to only bring a lawsuit in good faith. If the court finds that you brought a lawsuit in bad faith, they could end up awarding the debt collector with attorney fees. This does not mean if you lose the case, you will pay attorney fees. However, it does mean you should not bring a claim for a violation you know did not occur.
Conclusion
Hopefully, your mind is now at ease about how to handle an FDCPA claim and attorney fees. This protection from the FDCPA ensures that you have the best assistance available to address a debt collector violation.
If you find yourself dealing with an abusive debt collector, delay no further. Contact a consumer rights attorney and discuss your case with them.
Additional Resources