Legal Question in Consumer Law in Pennsylvania

Re: Fair Debt Collection Laws

You don't have to, but you should, hire an attorney.

If you have to ask how to do it and where to file it, you (no offense) aren't in a position to proceed on your own.

Re: Fair Debt Collection Laws

You just have to hate collection companies. They are royal pains when you owe the debt and seem to be even worse when the debt is invalid. There are myriade ways for them to do their job ethically and effectively yet so many seem to go right for the jugular.

As to your question, it depends. The Fair Debt Collection Practices Act (FDCPA) sets out exactly how a debt collector may god about its business and what the penalties are for violation. A person can sue in local or smalls claims court or in Federal court. Some local judges will try to get a party to withdraw the case to federal court but that is not necessary.

FDCPA cases are relatively easy for a party to prosecute on his/her own. Keep good notes of exactly what the debt collector has done and your response and all other factors. Prepare the complaint and file with the court clerk.

You need to make certain to hit all the right points in the complaint and with service of process. And then must present a claim pursuasively to the judge.

A benefit of hiring a lawyer is that the judge can and often does award lawyer's fee and costs in addition to the statutory penalty.

I settle these matters with some frequency as debt collectors do not like to have judgments on their records. Also, the debt collector is likely to pay as much for their attorney to defend a matter as to settle. So often I can settle for statutory damages, plus my fee and obtain an agreement from the debt collector.

If you're cautious and thorough go ahead and do it on your own. Or hire me or one of my colleagues and we can take care of the matter for you.

Regards,

Roger Traversa

email: [email protected]