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Consumer Credit Attorney taking my case


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I contacted a local consumer credit attorney and discussed my situation with a large JDB and the Credit Agency attempting to collect  a large alleged credit card debt on their behalf. I provided them with documentation I have received as well as voice mails left by the CA. Based on the information provided they would like to pursue this on my behalf. All Attorneys fees would come out of any possible settlement  so I would have no up front costs. If the attorneys are successful in suing for volition's under the FDCPA the attorneys would receive 33% per $1000.00 award.


 


As I would be happy just to have this removed from my credit report and was originally planning to represent myself if served by the JDB this seems like a no brainer to go with an Attorney to represent me. Any thoughts, suggestions, advice or anything I may need to know before going forward would be appreciated 

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Be careful!  I had an attorney promise the same.  We agreed, signed the contract with the attorney.  Thought it was out of our hair.  a few weeks before TRIAL the attorney calls us back and says after reviewing the file he couldn't "take the case"  (WTF!!!  He already took the case and begged us for the case!)  He said not enough money in it for him!

 

Unfortunately for us, we never got the contract signed by the attorney.  So we couldn't make him stick to his word.  And he would have lost anyway because he obviously didn't do ****!

 

Long story short:

 

1.  Get the attorney to sign the contract and keep the original.

2.  Follow up with the attorney once per week to see what they have done.  5 minutes a week is not too much to ask.

3.  Look on line at your case number and see what activity is occurring on your case.

4.  If you see NOTHING occurring on your behalf on the case info on line ... be WARY!!!

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I contacted a local consumer credit attorney and discussed my situation with a large JDB and the Credit Agency attempting to collect  a large alleged credit card debt on their behalf. I provided them with documentation I have received as well as voice mails left by the CA. Based on the information provided they would like to pursue this on my behalf. All Attorneys fees would come out of any possible settlement  so I would have no up front costs. If the attorneys are successful in suing for volition's under the FDCPA the attorneys would receive 33% per $1000.00 award.

 

As I would be happy just to have this removed from my credit report and was originally planning to represent myself if served by the JDB this seems like a no brainer to go with an Attorney to represent me. Any thoughts, suggestions, advice or anything I may need to know before going forward would be appreciated 

 

 

Of course you're free to reach whatever agreements suits you and your attorney, but there is no reason to agree to give away 33% of your potential $1000 statutory damages. He is entitled to recovery of reasonable attorney's fees together with the statutory damages. For example, if he expends, say 20 hours on your claim, at $300 per hour, he would move for fees of $6000.00 in addition to your $1000 in statutory. Costs are reimbursed in addition to the foregoing.

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Thanks for the replies. Was not sure if taking a portion of the statuary rewards was common. I did look up the recent filings by the attorney at my local court and they do have a significant amount of filings against CA's. I will see if the attorney would be willing to forgo the statutory percentage.

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As stated above as long as you win the FDCPA Case the other side will pay your attorney fees.

 

Are you saying he is taking your local case where you are the defendant without charging you? If that is what he is doing then the 333.00 doesn't sound like a bad deal. As long as he charges you nothing up front and also fronts the money for court cost.

 

If he is only handling the FDCPA Case then I wouldn't give him any extra.

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I'm not a defendent as of yet. I am anticipating that the JDB will file suit at some point prior to the SOL passing. Because of this I contacted a consumer credit attorney. He reviewed the documentation I have received to date and he believes there is a valid FDCP claim. He has agreed to cover all costs with regards to this and to also defend any lawsuit arising from the JDB with regards to this account.

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If you haven't already go here and look up his FDCPA cases. Enter the district where you live in the drop down box. You will have to figure out if the cases there are filed under Consumer Credit or Other Statutory Actions and then click on it. Go look at each case and see if you can find his name under the plaintiff. You can enter the JDB you are dealing with in the box above and also check out the usual suspects. PRA, Cavalry, AA, Encore, LVNV, etc.

 

http://dockets.justia.com/browse/state-california/noscat-13/

 

 

Then when you find the cases he has worked on go to this this site and enter the plaintiff's names. Same thing on the drop down menu. Enter your district and Consumer Credit and/or Other Statutory Actions. Click on the individual cases and then court documents. This may take a while but you can find the cases he has settled and the time frame involved. You will probably have to wait until tomorrow to get this info because it doesn't usually work at night.

 

http://www.rfcexpress.com/search.asp

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I agree with the others. I have never had an attorney representing me on FDCPA want 33% of the award. They can make a lot more by the "fee shifting provision."

I would suspect that this attorney is not that familiar with FDCPA lawsuits.

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  • 2 weeks later...

It is actually not uncommon for a FDCPA attorney to charge the greater of x% or the attorney's fees awarded in settlement or judgment.    Whether an attorney gets a lot more on a fee application depends on the circumstances.   Many of these cases settle pre-answer.

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If you got a valid FDCPA claim, unless it threatens a class action, a settlement could be anywhere form 3-5k maybe more. so 33% of that is more than the 1k. Now the important thing in the contract you sign with your attorney is that you got the last say on any settlement, so what that means is that if he settles for 5k you get 33%, but if he settles for 1k plus 4k attorney fees, you just get 333, so it really depends on what you sign and what the settlement says. 33% of a 10k settlement is much more than 1k statuary, but again it probably won't be  that high. As long as you make sure what you sign is good for you, you are good to go. Anyways at a minimum you will get 333 out of the blue that ain't bad either and no stress for you, they will handle all of it.

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If you got a valid FDCPA claim, unless it threatens a class action, a settlement could be anywhere form 3-5k maybe more. so 33% of that is more than the 1k. Now the important thing in the contract you sign with your attorney is that you got the last say on any settlement, so what that means is that if he settles for 5k you get 33%, but if he settles for 1k plus 4k attorney fees, you just get 333, so it really depends on what you sign and what the settlement says. 33% of a 10k settlement is much more than 1k statuary, but again it probably won't be  that high. As long as you make sure what you sign is good for you, you are good to go. Anyways at a minimum you will get 333 out of the blue that ain't bad either and no stress for you, they will handle all of it.

...plus the odds that you will ever be sued on this debt you will be next to nil!

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