Filing the lawsuit is the first step in an Alabama Fair Debt Collection Practices Act (FDCPA) case against an abusive debt collector. Some lawyers like to negotiate with debt collectors before they sue but (with one exception) we do not do this as we are dealing with abusive collection agencies and debt buyers. These types of companies will often sue the lawyers and clients in the collector’s home state if you send them a demand letter. We learned that the best demand letter is a federal lawsuit delivered to the collector.
The lawsuit will lay out the facts of what the collector did and how this violates the law. We don’t have to plead or put every detail into the lawsuit but we do want to provide at least a broad outline of what the collector did wrong.
We normally sue for violations of the FDCPA. These types of violations can include third party disclosures or threats of criminal charges or lying or a host of other improper collector conduct.
We sometimes sue for negligent or reckless hiring or supervision of incompetent debt collectors. The type of collectors we sue are absolutely dishonest or incompetent if they did what our clients accuse them of doing and if that is true, and we believe it is, then the collection agency or debt buyer did a lousy job of hiring or supervising or training these dishonest or incompetent collectors.
We also sometimes sue for invasion of privacy. Particularly where debt collectors illegally contact third parties, this is a clear violation of our client’s right to privacy.
In federal court we pay the filing fee of $350 and the cost of service which leads to the next post on serving the lawsuit.
Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.