Jump to content

FDPCA cases


Swatch
 Share

Recommended Posts

Has anyone had an FDPCA case against EOS CCA; if so what has your experience been?

 

Do these types of cases seem to drag on?

 

The reason I ask is because I am in the middle of an FDPCA violation case against them and my case was filed five months ago. Having read the docket an status conference is scheduled for this November with discovery to be completed by April of 2016.

 

Yes, I am represented by an attorney.

Link to comment
Share on other sites

Guest usctrojanalum

a lot of it honestly, depends on the counsel or who represents the defendant. most collection attorneys and debt collectors have liability insurance for FDCPA claims. so if the defendant is represented by an insurance defense attorney, they are likely going to litigate the bloody hell out of it because they the attorney representing the defendant is billing the insurance company and not the debt collector. 

Link to comment
Share on other sites

It  is  a violation of Ind Rules of Professional Conduct for a lawyer not keep his or her client informed of the status of a case.  This one of the most common complaints clients have about lawyers in all states. Insist that your lawyer give you an update,  Tell his secretary or paralegal about Rule 1.3 and 1.4

 

Indiana Rules of Court

Rules of Professional Conduct

 

Including Amendments made through April 30th, 2015

 

TABLE OF CONTENTS

PREAMBLE: A LAWYER’S RESPONSIBILITIES

SCOPE

Rule 1.0. Terminology

Rule 1.1. Competence

Rule 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer

Rule 1.3. Diligence

Rule 1.4. Communication

Link to comment
Share on other sites

Federal suits do take a very long time.  Some longer than others for a variety of different reasons - and no case is ever the same.

 

I had a rather simple FCRA case that ended with a settlement before the JDB's answer was due (after they were granted a couple extentions).  The entire case took 6 months, and this was a settlement before an answer to the suit was even filed.  You must be patient, but also, you should stay on your attorney asking why it is moving slow and getting all the information he has.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.