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FDCPA – How to Choose a FDCPA Attorney …Advice From a FDCPA Attorney

Choosing the right FDCPA attorney is half the Battle.  Jeffrey Hyslip publishes Legal guide on www.avvo.com to help consumers be the most informed on how to choose an FDCPA attorney.  Although obviously he hopes you will choose to retain him in the Jurisdictions he Practices, he cares more that you don’t choose the WRONG FDCPA attorney!

You may read the article HERE or simply read, below:

This guide will allow you provide you with some necessary tools to choose a FDCPA attorney.

Find an FDCPA attorney that focuses their practice on the FDCPA

Unlike the good old days, attorneys frequently specialize or focus on one particular area of law. You wouldn’t want me drafting your will, trust me. However, I am qualified to represent you if you are being harassed by a debt collector. Find an attorney that you trust, that focuses their practice on the FDCPA and that has the experience not to use your case as a “Test Case”

Find a FDCPA attorney that handles the cases on a contingency fee.  

If you have a good case, the FDCPA attorney should be willing to take your case without any upfront money. After all, the statute itself requires any debt collector that violates the FDCPA to pay your attorney fees. If the attorney believes you will win, why would he want to be paid up front? I would never demand a consumer pay me up front for a FDCPA case. Find an attorney with similar business practices.

Find a FDCPA attorney that Truly Cares about YOUR financial situation

Unfortunately, there are some FDCPA attorneys that will take a case and bill the heck out of it. After all, their attorney fees are paid by the debt collector. Some consumer advocates have been accused of taking a case worth $1000 to you and turning it into a case worth $1,000 to you and $10,000 to them (from billing $10,000 in fees). My philosophy is that if the consumer is going to get $1,000 from the case, get it to them today rather than have them wait 12 months for me to bill the heck out of the case simply to line my pockets. Find an attorney that will consider settling the case quickly with opposing counsel if that is in your best interest. Sometimes litigation is necessary, however, not every FDCPA case is worth taking to the Supreme Court. Remember, statutory damages are capped at $1,000. Unless you have real actual damages – get that $1,000 ASAP and if the attorney drags their feet ask them why.

Find a FDCPA attorney that is associated or knows a bankruptcy lawyer.

Although not all consumers that have had their FDCPA rights violated need a bankruptcy lawyer, the majority of them do. If the wolves are at your door, fighting back on a FDCPA violation is a WONDERFUL idea – after all you are entitled to cash for their behavior. With that said, the FDCPA can sometimes be used as a band-aid to temporarily fix the true situation at hand. Although I understand that Bankruptcy is a frightening word, you at least want to have the ability to speak to your FDCPA attorney about a long term solution to your financial situation.

Be Careful of Google Attorney Ads!

Please note that typically, the first two or three links on a google search result page are not there because the websites have good content, however, are there because that company paid a lot of money to Google to appear there. While there is NOTHING wrong with that, I would personally prefer a FDCPA attorney that earned the right to be there rather than paid. In addition, all of the ads on the right side of google are also paid ads. Again, my law firm does purchase paid advertisements when it is appropriate. With that said, just make sure that you know if Google is recommending a law firm because the website is good or because the price was right.

6 Comments

  1. Chris Thomas says:

    I was a customer of US Bank in Colorado Springs until 2006,That”s when I started getting massive overdraft fees on my debit card ,they (us bank) refused to close my account so I had to abandon my account after they refused to settle with me on it, over 7 years later I just received a court judgment about it with no notice of any kind .I’m at a loss ,The statute of limitations for collections here is 6 years. Help!

    • Jeffrey Hyslip says:

      Hello Chris! Our main focus is handling third party (collection agency) collection abuse claims. We don’t get involved at all in assisting consumers with issues surrounding their underlying debt. Since we are only licensed to practice law in the states of Ohio and Illinois, we can’t give legal advice as to state law. The Fair Debt Collection Practices Act is a Federal Law and therefore we are allowed to give advice to consumers about the statute in the Federal Districts (a lot) that we are licensed. If the debt is now being collected by a collection agency or by a law firm and that company is abusing you, threatening you, harassing you, or otherwise causing you trouble- then we might be able to help. However, if you are looking for assistance in getting the Judgment Vacated, you should probably consult with a local attorney. My suggestion would be to start with a local Legal Aid Office and/or see if there was a law school with a Free Legal Clinic attached. If we can be of any more assistance, feel free to let us know. Best of luck!

  2. Terell says:

    I was contacted of a debt collector at work. Saying he was an investigator. Investigating Regarding my payday loan Bill’s. I was shocked listening to all what he told me on the phone. Told him his calling me at work that he was interfering my job. He gave me his number to call him the following day.
    I called him the following day, when I was listening to him. He said that that I owed money from payday loan and when the payday loan company was trying to get the money back from my checking account. This debt collector said that I closed my checking account which is Become such a very one Predative according to debt collector.
    One of the charges that is gonna be pursued against me to the court is attempt defraud for financial waiting Institution could lead to put lien against my assets, and garnished my paycheck. Well, I know what the bill collector about me that I closed my checking account was not even true.

    Now since then I am restless. Been searching information over the net of what should do.

  3. John says:

    An Attorney was supposed to be helping me after he reviewed my FCRA Case and said I had a Case. But, after not hearing from him in over 6 months, I am kind of frustrated since he assured me that my case was next in line after his other cases… I have an FCRA Case with 59 Soft Pulls. Most Attorneys say I don’t have a case since they were all Soft Pulls but in my case they were All impermissible as I gave away this right back in Feb., 2012. Do you agree or disagree with these Attorneys that I have a great case?

    I have also contacted this biz that’s been pulling my CR’s and kept telling them to stop and it never did until their VP stepped in. But, all she did was insure me that no pulls were going to be made and she never bothered to reply to the LOITS and Summons and Complaint letters I mailed to them requesting a Settlement.

    I am hoping that you recognize a Soft Pull as the same as a Hard Pull in that there needs to be a Permissible Purpose and a valid reason for these pulls. If I took away this request from them, isn’t each pull a violation after my request? If so, are you able to assist me even though I’m in Hawaii or is there an Attorney here you could recommend that will do my case on a Contingency basis? I’ve searched and was unable to find anyone familiar with Soft Pulls and also on a Contingency basis… If there is no attorney, what next?

  4. Lori says:

    I received a suspicious letter at my work today. I called the police and the bomb squad was dispatched. the captain said it was the most suspicious he had seen in his career. They evacuated employees and took the letter outside. They brought it back in and it was a letter with a straw and a dime from a collection agency. needless to say I am humiliated. I am a manager at my business so this REALLY looks bad on me. The collection is for maintenance fees of a unit that is only in my husbands name, he purchased it long before we were married. I think I have a case to sue this company… thoughts?

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