Wednesday, November 10, 2010

Length of case with debt collectors and my lawyers?

What is your Involvement in Lawsuites with debtcollectors and lawyers<

Will my case settle  in a fast paced manner? Will I have to go to trial? Will I have to testify? These questions and many more pop into the head  like poptarts from a toaster if you are faced with a lawsuit

While some cases settle rather quickly and others rather slowely (some 10 years) its impossible to guess where the path on which your lawsuit will mieander.

  •  For example, we have  debt collector cases settle rapidly and never went to court and other cases that went to court and settled for a few thousand dollars. It takes two to settle, so it will vary every time, but here are some general rules of thumb about how long lawsuits may take. If one party is stubborn on their wishes it could take years


Here are some brief guidelines to follow that I pulled from another Lawyers Website

  • The clearer the violation is, the more likely it is the debt collector will want to settle with you and keep it out of court. For example, if a collector leaves you a voicemail that doesn't contain the required disclosures (that the call is from a debt collector and the call is an attempt to collect on a debt) then they really don't have any defense. They know full well this type of voicemail is illegal but they decide to go ahead and do it since so few people will actually sue. But when lawsuits do happen over illegal voicemails, collectors want to settle the case quickly and for a small amount (several thousand dollars). If a collector called a third party-anyone other than you or your spouse- the collector knows their actions are illegal. When sued for this, there isn't any defense they can bring to court so they generally want to settle the case out of court.

  • Debt collectors will want to see if your lawyer is familiar and experienced with these types of cases; it's almost a type of hazing. It's not right, but defense lawyers for the debt collector will be less than truthful about what happened, or what the collection notes show, or what the law really says and experienced litigation lawyers know to expect this and prepare for it. If your lawyer is an experienced FDCPA attorney you can avoid this and move ahead to settling.

  • The debt collector will also want to know what your lawyer's hourly rate is so they can calculate the risk in fighting a legitimate violation. This ties in some with the second point, but differs slightly. If a collector loses a case under the FDCPA then they are (normally) responsible for paying your lawyer's fees. For example, if two cases were identical and both had experienced lawyers but one had an hourly rate of $150 and the other charged $350 an hour. If the debt collector's violation is a blaringly obvious and there's no way they could win in court and would have to paya $350 an hour lawyer's fee, they would be quite likely to want to settle out of court.

  • Lastly, your attitude towards settlement is one of the most important things. We have people come to us with the idea that a lawsuit is a way for them to make a lot of money or pay off a debt or whatnot. We don't take these people as clients. The real reason you should pursue a lawsuit is to protect your rights and stop the abusive debt collector. Whether you are receiving harassing calls or being slapped with debts on your credit report that aren't yours, any money you get from a lawsuit may be nice, but it shouldn't be the reason for instigating the suit.

So if your going into it with the afore mentioned in mind and your are trying to protect your rights against a bunch or one illegal tactic that the debt collector used, you are now increasing your chances of getting a settlement and or winning the case outright. The more you tell the truth and are being real the more of a chance you will have to getting the judge on your team  so to speak. If the debt collector does not settle for a reasonable amount right up front they face fees and possibly a hostile judge who wont look to thing their way.

So in the end your questions are very difficult to answer, one thing for sure the more experienced/expensive your lawyer is the more you will stand a chance at winning and getting a clear settlement fast.

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