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FDCPA: Do these rules apply to a collection attorney while in a court hearing makes statements as facts when they are not

Raleigh, NC |
Filed under: Sued for debt

and are being said as factual to win over the judge. Such as "there was extensive discovery and it became clear that the defendant owes such and such creditor" (this did not happen). In fact almost his entire presentation is not true.

Attorney Answers 3


NO. Whatever is said by anyone in court is privileged against violations of the FDCPA. If attorneys statements of fact are false, your job is to prove it. Sometimes, though rarely, the court may suggest the attorney committed perjury and take action against the attorney.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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I agree with the substance of everything the previous poster said, but I want to make one thing clear, it's his burden to prove his case. Its not your burden to prove he's lying in a collection case but rather his burden to prove what he's saying is true. Collection attorneys act like its your job to disprove the debt, don't buy into their game. What the attorney says is oral argument but he's eventually going to need to prove what he says through admissible evidence, be it witnesses or documents. Don't assume everything is admissible, look to your state's hearsay rules, specifically those dealing with document production. Or better yet, hire an attorney who specializes in consumer or debtors rights law. The substance of the previous post is accurate though, in court oral argument isn't subject to the FDCPA.

The statements contained in this answer are general information only. The attorney answering has not had the opportunity to exam all facts in your case, nor any documentation, and therefore it should not be relied upon as legal advice as the attorney has insufficient facts to give said advice. This information is 'general information' and is not advice tailored to the specifics of your case. No attorney client relationship is created in giving this information.

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The collection attorney knows the rules of the "game" he is playing. You do not. If there is more than $1,000 or so at issue, you need to hire an attorney.

The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.

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