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I need an aggressive FDCPA/Rosenthal atty in California

Calabasas, CA |

Last December, a NY collection agency left a voice message on a relative’s answering machine about an old debt of mine. The debt is time-barred, and the msg implied that they were going to take immediate legal action. I contacted them and told them that this was an old debt, and they have not contacted me again. I also notified them twice in writing that I may take actual legal action against them for their violations of collection laws. I need an atty to review the docs and audio I have; I would like to file suit *INCLUDING* negligent infliction of emotional distress.

Attorney Answers 6


  1. Unfortunately, this forum is not for attorney solicitation. However, you can locate an attorney by using Avvo's "Find a Lawyer" tool or by contacting your local bar association.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


  2. Based on the facts presented, it doesn't sound like a particularly valuable case. Unless they contact you again, it doesn't sound like a case worth filing.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.


  3. The California Supreme Court has allowed plaintiffs to bring negligent infliction of emotional distress actions as “direct victims” in only three types of factual situations: (1) the negligent mishandling of corpses; (2) the negligent misdiagnosis of a disease that could potentially harm another; and (3) the negligent breach of a duty arising out of a preexisting relationship. Your proposed action against a NY collection agency for NEID does not appear viable. I cannot imagine any attorney would want to pursue your case on a contingency basis (I assume you’re either unwilling or not able to pay reasonable attorney fees) under the facts you have alleged. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. The collection agency is in violation of the Fair Debt Collection Practices Act and likely the California Rosenthal Act. You need to file a lawsuit within 1 year from the date of the violation (December). Avvo has many experienced attorneys for you to select from.

    Good Luck!

    Keren


  5. You should also be aware that there is a statutory limit on damages in a case like this of $1,000 (plus atty fees.) So unless they have done seriously nasty things in your corn flakes it's likely not worth the trouble.

    However, as Keren opined, it appears that you do have a case.


  6. I concur with my colleagues about the NIED claims. Based on the limited info you provide, It appears you may have an actionable FDCPA/Rosenthal claim, however. As both the FDCPA and Rosenthal carry a 1 year statute of limitations, you should contact a consumer advocate soon. A great place for you to start would be www.naca.net. Many consumer protection firms, like ours, can represent aggrieved consumers free of charge as the FDCPA and Rosenthal carry a fee-shifting provision.

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