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Featured Firms ZIEGLER METZGER, LLP Weltman, Weinberg & Reis Co., LPA LEVIN & ASSOCIATES CO., L.P.A. HERMANN, CAHN & SCHNEIDER LLP SONKIN…Debt-collection lawyers not immune
Debt-collection lawyers who file affidavits to obtain garnishments in state courts are fair game for consumers' Fair Debt Collection Practices Act (FDCPA) lawsuits in federal court, the 6th U.S. Circuit Court of Appeals has held.Debt-Collection Lawyers' Affidavits Not Immunized, Circuit Court Says
Debt-collection lawyers who file affidavits to obtain garnishments in state courts are fair game for consumers' Fair Debt Collection Practices Act (FDCPA) lawsuits in federal court, the Sixth U.S. Circuit Court of Appeals has held.6th Circuit Rules Debt-Collection Lawyers' Affidavits Not Protected by Immunity
Marking the first time a federal circuit has held that a debt-collection lawyer's affidavit is not protected by absolute immunity, the 6th Circuit has ruled that lawyers who file affidavits in garnishment proceedings may be sued in federal court under the Fair Debt Collection Practices Act. Richard Rubin, a solo who represents consumers in credit and debt collection abuse litigation, welcomed the decision, saying it will make collection lawyers "very careful ... that they don't misrepresent anything."Trending Stories
Law Offices of Gary Martin Hays & Associates, P.C.
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Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
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