FDCPA Attorney - How to choose one

Jeffrey Scott Hyslip

Written by  Pro

Chapter 7 Bankruptcy Attorney

Contributor Level 13

Posted over 1 year ago. 19 helpful votes

Email

1

Find an 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"

2

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.

3

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.

4

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.

5

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. For more information feel free to visit the additional resources I provided below!

Additional Resources

Debt Collectors Hate Us - FDCPA Blog

Lifetime Debt Solutions - FDCPA Blog

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,366 answers this week

3,074 attorneys answering