Recent Trends and Hot Topics for California Consumer Collection Lawyers
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There is a growing trend of debtors that are bringing suit against collection professionals and their clients.
Collection attorneys are at the forefront of a growing trend by debtors to bring suit against collection professionals and their clients. Debtors are using the Fair Debt Collection Practices Act and other federal statutes to assert claims against collection attorneys and their staff for prosecuting collection lawsuits and sending collection letters. This topic will identify the most recent types of claims that are being asserted against collection lawyers; and help you develop better practices and policies to avoid or minimize the risks of debtors litigating against you. Discuss claims regarding collection letters and the envelopes in which they are mailed, as well as claims based on the allegations raised in a collection lawsuit complaint. Also discuss trends to vacate default judgments and recent litigation against collection attorneys for seeking default judgments, as well as recent California legislation regarding setting aside default judgments. This topic discusses under what circumstances you can seek prejudgment interest and attorneys' fees, and whether you can request these in collection letters. Collection attorneys have become a target for claims by debtors and investigations by the federal Consumer Financial Protection Bureau. These claims can result in judgments or settlements of many thousands of dollars. This topic is critical to identifying these new trends in litigation against collection attorneys and developing practices and procedures to minimize the risk of these new types of claim.
June D. Coleman, Kronick Moskovitz Tiedemann & Girard
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