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.
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5.0/5.0Great process. Detailed communication provided resources for rebuilding. Would recommend!
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5.0/5.0
I had an excellent experience working with my bankruptcy attorney. From the very beginning, they were professional, knowledgeable, and compassionate. Filing bankruptcy can be overwhelming, but they took the time to explain every step of the process, ...
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5.0/5.0
I had a great experience using Jeff Field and Associates for filing my Bankruptcy. Everyone was very professional and helpful. Connie Adams was so knowledgeable and patient with all of my questions I’m so glad that I chose this law firm and would r...
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5.0/5.0
Great 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.
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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...
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