Legal Question in Credit and Debt Law in Pennsylvania

Violation of FDCPA
I was recently sued for breach of contract on a credit card default on which the statute of limitations has expired. Specifically, the last payment (Date of Last Activity) was made in September 2002, the account charged off in March 2003 (i.e., six months later), and I was subsequently sued in March 2007. I have a fair amount of documentation on all of this. The complainant law firm is using (incorrectly, and most likely on purpose) the charge-off date as the DOLA -- NOT the date of last payment. I am currently preparing my answer to the complaint and I would appeciate some advice as to the countersuit portion of the answer (that I am preparing to file for the violation of the FDCPA). Specifically:
1. Am I eligible to collect actual damages in the amount of the disputed debt as a result of the FDCPA violation?
2. Is there any possibility of collecting punitive damages for some type of ''willful disregard'' of the FDCPA if I should discover that the complainant firm has repeatedly sued debtors after the SOL has expired?
3. If the possibility for collecting actual damages is high, would an attorney possibly agree to take this case on a contingency basis, for a percentage of any judgment I may receive for the FDCPA violation?

Asked on 4/09/07, 8:18 pm

Glenn Brown Real World Law, P.C.

0 users found helpful

0 attorneys agreed

Re: Violation of FDCPA

An attorney may accept this case on a contingent fee basis? When is your answer due? What court is this matter in?

If we can help,for a reasonable fee, let us know.

Answered on 4/10/07, 10:36 pm

Keywords

Match Any Match All

Country

State

Area of Law