Court Awards 150k FDPCA & OCSPA violations overturned on appeal.

[Guest usctrojanalum]

http://caselaw.lp.findlaw.com/data2/circs/6th/084485p.pdf

I'd like to point out to everyone how long these type of cases can take especially when a collection attorney wants to fight it hard and not quickly settle. There is a belief on this forum that you can just file your lawsuit and collect $1,000.00 but that is not how it is all the time.

This case was just decided last week in the 6th circuit court, the case originiated in Cincinati, Ohio.

It's a fascinating read regarding exempt assets, information subpoena's of bank records and the awarding of attorneys fees in FDCA and state consumer law claims.

[jkg3]

The $1,000 cases are settled quickly.

It's the $150,000 ones that the collectors fight.

[Guest usctrojanalum]

I could show you a case against Cohen & Slamowitz that went on for over 10 years for $1,000.00 in statutory damages. The Plaintiff asked for $100,000.00 in attorneys fees and the court denied him that stating that attorneys fees have to be reasonably related to the recovery.

[Guest usctrojanalum]

http://www.jdsupra.com/post/documentViewer.aspx?fid=fd6e0d8e-8312-4247-bcae-a8ed9a308b33

Above is the case against Cohen & Slamowitz that went on for close to a decade and the Plaintiff was awarded $1,000 in statutory damages.

[chuckygee]

Here is one where the client got $2500.00 and the attorney got over $71,000!!!

http://creditinforesource.com/forums/casedocs/fee.pdf