Damages for Harassment

If you have been harassed by either a creditor or a debt collector, including their attorneys, you may be entitled to statutory as well as actual damages. More importantly, the violators are required to pay your attorneys fees, allowing our firm to represent you without any upfront fee.

If we take your case, we will pay all costs associated with the case, and wait to recovery them back at the end, when we recovery the damages owed to you.

Here are a list of damages that you are entitled to recover if harassed:

  1. any actual damage sustained as a result of the violation; Smith v. Law Offices of Mitchell Kay, 124 B.R. 182 (D. Del. 1991) (actual damages for emotional distress under the FDCPA can be proved independently of state law requirements for a tort action);
  2. statutory damages of up to $1,000; Wright v. Finance Service of Norwalk, 22 F.3d 647 (6th Cir. 1994) (plaintiff is limited to additional damages of $1,000 per proceeding, and not per violation);
  3. in the case of a class action, statutory damages to each named plaintiff and amounts to other class members not exceeding $500,000 or 1 percent of the collector’s net worth; Sanders v. Jackson, 33 F. Supp. 693 (ND Ill. 1998) (net worth is interpreted as being the difference between assets and liabilities, and not the fair market value);
  4. the costs of the action, including reasonable attorney’s fees; Edwards v. National Business Factors, 897 F. Supp. 458 (D. Nev. 1995) (court was to determine consumer’s reasonable attorney’s fees utilizing the lodestar method of calculating time by the usual and customary rate).

The statute authorizes a private cause of action by a person, including the debtor or any other person affected by the provisions of the statute, to be brought against the collector within one year from the date of violation.

The court in a civil action may consider, inter alia, the frequency and persistence of non-compliance by the debt collector; whether the actions were intentional; or whether the actions were bona fi de errors notwithstanding the maintenance of procedures to prevent such errors. 1692k(b) and (c). Cavallaro v. Shapiro & Kreisman, 933 F. Supp. 1148 (EDNY 1996) ( a single violation is sufficient to establish liability).

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