In a recent bankruptcy court decision issued on 7-10-14 by the Federal Appellate Court in Atlanta, GA, it appears that debtors in Georgia who file a bankruptcy case to get a better control over their debts and to seek all of the relief the bankruptcy code allows will be allowed a huge bonus! During their bankruptcy case, Georgia debtors also will be allowed to seek relief for any violations by their creditors of the FDCPA. The FDCPA prohibits ‘”false, deceptive and misleading representations” by a debt collector (usually a collection agency) and “unfair collection practices”. Sadly, the old joke is often true: “How do you know when a debt collector is violating the FDCPA? Answer: When his mouth is moving”. Not only can actual damages be awarded, but damages up to $1,000.00 can be allowed for each violation of the FDCPA.
Bottom line: In practical effect, the Court has allowed a “two-fer” (a two for one) by allowing a debtor to seek relief for a violation(s) by a collection agency of the FDCPA during the bankruptcy case. If you believe you have experienced a violation of your rights under the FDCPA, in order to to fully take advantage of this opportunity, when you consult with an experienced bankruptcy attorney at JF&A to discuss your options in bankruptcy, you should also bring with you any written communications from any collection agency and any notes you took during any telephone conversations with any representative of a collection agency so that we might review them with you.
-
5.0/5.0Great experience from start to finish. The process was smooth and stress-free, and Ms. Connie was amazing throughout—very helpful, professional, and supportive. I truly appreciate all the guidance and would highly recommend this firm.
-
5.0/5.0
I'm just finishing up 5 years of bankruptcy, and I honestly don't know how I would've done it without this Group. Everyone was super professional every time I reached out with questions, and they were always there to answer them. I eve...
-
5.0/5.0
Starting the process of bankruptcy can seem scary. However, working with Jeff Field & Associates made it very easy. They explained everything so clearly and helped my spouse and I, walk through every step of the process. Definitely recommend!
-
5.0/5.0
I highly recommend them the did a great job with my case and made the steps very easy they worked with me every step of the way on completing all my paperwork highly recommended them
-
5.0/5.0
A few months ago, I had to file for bankruptcy, and this team made the whole process so smooth. They answered every single question I had and walked me through everything step by step. Honestly, all I had to do was sit back and let them handle it; Th...
Please fill out the form below and one of our attorneys will contact you.
