FDCPA attorney taking case.

Has anyone had experience with letting an attorney take a case for them? I have retained a lawyer who specializes in FDCPA cases. He told me that I had the best documeted case he had ever seen regarding this type of stuff. He wants to take it to federal court. What are some advantages of taking it to federal court? I was just going to sue the CA in small claims, but decided to let a lawyer look at it. Im really excited, but Im also wondering what to look for far as, costs to me. I know I have to pay the filing fee. No mention of anything else. Any suggestions?

You need to ask the lawyer if he is taking it on a contingency fee basis or you could be paying him mucho donero. What is his hourly fee? Does he bill every time you place a call to him or he has to call someone on your behalf.
If it is a contingency fee basis, it should be committed to paper.
While you may have an excellent case, fully documented as such, don't forget that a lot can depend on a jury or a judge and the interpretation of the law that is interpreted. There is never a guarantee that someone will win a case.
Be prepared also, even if the case is as good as it gets, to settle for a specific remedy. All judges hate to make a determination in gray areas. Sometimes they even hate to decide at all.
I remember a few years ago in a will contest. Someone gave corporate property away under the terms of the will. Of course, the corporation was a private corporation not a public. Both lawyers prepared huge treatises for the judge to read. He didn't feel like reading. "Can't you get your clients to settle this thing?"
I also know someone who sued an employer for trashing their employment history. The opponents trashed this person's private life. After almost 5 years, the person got a judgement of which the lawyer took 1/3 and taxes took 1/3. Was it worth it?
You have to ask yourself.

What types of violations have occurred and what type of documentation do you have?

You really need to find out if its contingency or not.

"After almost 5 years, the person got a judgement of which the lawyer took 1/3 and taxes took 1/3. Was it worth it?"

Well, if it was over a few million, probably :)

I have to agree with everything that's been said. You really need to know what your liability is in terms of fees. Some attorneys will take a case on contingency buy you have to pay court fees and other expenses, some will front everything.

Just heard that apparently there are some problems with some lawyers taking a 50% cut on the settlement AND charging the consumer for the fees.

So, you got to be VERY careful.

I also learned that there isn't a good FDCPA lawyer in AZ, and some lawyers charge a review fee. I heard about Bybee in AZ charging $150 for a case review, and that another lawyer said to RUN from him.

Can I be sued for repeating bad stuff I've heard attorneys?

Where can consumers find out about socalled consumer advocates?

If an attorney takes a case on contingency and you are not responsible for the fees, I definitely recommend going with an attorney and suing in federal court.

MOST cases are settled. If you have a good case, you should be able to settle before discovery begins, i.e. it's absolutely NO work for you. There's nothing you need to do at all.

Some very frightening things are going on in AZ Courts - you can read those published cases at http://forum.creditcourt.com/cgi-bin/discus/discus.pl

Keep in mind that most of these cases are in AZ, a very consumer UNfriendly state.

I can also tell you that PUBLISHING your case can be very effective. While I'm not in on the settlement, I think my client with the Genesis Financial problem just settled for several thousand dollars CASH - and she never even had to file suit. I also expect that the account will be deleted soon.

7/25 fax to collector Genesis Financial - MUST READ if you have collections (http://bayhouse.com/credit-forum/showthread.php?s=&threadid=883)

7/25 - This sure took a long time. But that's because they hired an attorney. Normally those types of settlements only take a few weeks. There nothing like lawyers to drag things out. But that's how they get paid the most.

Thanks to everyone. I will keep everyone posted on the progress. The attorney is supposed to send a retainer through the mail. After that I will let you all kow what the cost will be. Can the filing fees and such, be very expensive? Should the attorney tell me how much he is going after?

FYI - don't be shocked if the attorney asks for a retainer between $1000 - $3000.

I am in the process of filing a Federal Lawsuit using an attorney for a Landlord and Collection Agency's violations of the FDCPA and FCRA.

My attorney did not require a retainer, but is billing us monthly. Since 5/24/02 adding the $1,085 monthly bill I just received for September, I have paid just under $3000.

The kicker to this is that the case isn't even filed yet. It will be within the next 2 weeks. The next bill will include finalization of the Complaint, filing fees; fees to serve the 5 parties involved and whatever else comes up.

It amazes me that an attorney can tell you how great your case is, but will not take it on contigency for fear of not re-couping their fees; which is set out in the FDCPA/FCRA.

In my case, my attorney thinks that requesting $500,000 in punitive damages is more than reasonable. And the Firm will not take it on contingency.

This is the type of thing that CRA's and CA's hope for, a consumer's inability to pursue a case "all the way", after forcing them into taking legal action, they force them to have to "settle".

In my case, we have no choice but to pursue this. I am an at-home mom with 4 kids, my husband is self-employed, and are struggling to get through this.

If I had it my way, I would not settle this case and take it all the way just on principle, but "principle" doesn't pay the bills.

Am I the only one who finds it a bit odd the attorney hasn't been openly volunteering the information on how much this will cost quigs *out of pocket* DURING their discussions? This is America, its all about the almight dollar... seems to me Mr. Attorney should be saying things along the lines of "Gee Mr/Ms Quigs, you have a fantastic case and your documentation is exemplary, I see no reason why this wouldn't be an open and shut case. I need $xx.xx to file this case and just because it's so cut and dried there'll be no retainer." ... or something similar.

Call me a cynic but I just find it odd no mention of fee's or retainers were involved in discussions.

I will be asking the attorney for all the ins and outs, now that I have heard some interesting stories and views. It is a shame that consumers can't get better representation. I live in Oklahoma and this case originated here. I have spoken to numerous FDCPA attorneys and none even want to hear my story. This attorney seemed to be young and eager, but he may also be starving(unlikely). I have only talked to him a few times, via email and once last week via phone. He did say I would have to pay the $150 filing fee and that he would be sending me the retainer paperwork. When I get this, which should be today. I will post everything in the paperwork. I appreciate the feedback.