How a case works
A case starts with a free review of what happened and which deadline runs first. If there is a claim, we gather the evidence, usually send a demand, and if it does not resolve, file suit, most often in federal court. An arbitration clause can move the case to arbitration instead. Many cases settle. Under the FDCPA, the FCRA and Florida's FCCPA, a company found liable must pay the consumer's reasonable attorney's fees and costs.
Consumer protection cases follow a predictable path, even though every case turns on its own facts. Knowing the steps helps you do the two things that matter most early on: save the evidence, and move before the first deadline runs. Here is the path, step by step, with what each stage needs from you.
1. The free case review
You tell an attorney what happened: who called or wrote, when, what was said, what is on your credit report. You can call (718) 484-7510 or use the case review form. We tell you which laws the facts may support, which deadline runs first, and what to save. If it is not a case we can take, we say so and tell you where to go.
The review answers three questions. Is the company covered? A third-party collector falls under the FDCPA; a bank collecting its own debt may not, though the TCPA, the FCRA, Florida's FCCPA or New York's GBL 349 may apply. See who is a debt collector. Is there a violation? The violation checker is a good way to prepare. Is there time? The FDCPA gives one year from each violation (15 U.S.C. § 1692k(d)); see deadlines.
2. Gathering the evidence
These cases are won on records. What to collect:
- Calls. Screenshots of your call history, saved voicemails, and a log of dates and times. The call log helps.
- Letters. Every letter and envelope from the collector, and copies of anything you sent, with proof of mailing.
- Texts, emails, social media. Screenshots with dates and sender details.
- Credit reports. All three, from AnnualCreditReport.com, plus dispute letters and results.
- Harm. Denial letters, receipts, missed-work records, notes on how the conduct affected you.
- Court papers. If you were sued, the summons, complaint and anything filed.
We also send preservation requests where needed, so the company keeps its own call records and account notes, which often confirm what your log shows.
3. The demand
In many cases the first step is a written demand to the company, setting out the violations, the law, and the evidence. Some companies respond by negotiating. A demand is not required before suing under the FDCPA, FCRA or TCPA, and when a deadline is close we file first.
4. Filing suit
FDCPA, FCRA and TCPA claims arise under federal law, so they are usually filed in federal district court. The FDCPA says an action may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction (15 U.S.C. § 1692k(d)). State claims, such as Florida's FCCPA or New York's GBL 349, can often be joined in the same case. A Florida FCCPA claim may be brought in the county where the violator resides or has its principal place of business, or where the violation occurred (Fla. Stat. § 559.77(1)).
After filing, the company answers or moves to dismiss. Then comes discovery: each side asks the other for documents and answers to questions, and may take depositions. In a collection case, discovery usually means the collector's call logs, account notes, dialer records and policies. In a credit reporting case, it means the dispute records and what the bureau and furnisher did with your dispute.
Arbitration clauses
Many credit card and loan agreements contain an arbitration clause, and some include a waiver of class actions. If the contract has one and it covers your claim, the company may ask to move the case to arbitration instead of court. Whether a clause applies, and to whom, depends on the contract and the claim. A clause in your agreement with a bank does not automatically cover a claim against a credit bureau, for example. Bring the agreement if you have it.
5. Settlement
Many cases settle, at any stage. A settlement may include money, correction or deletion of credit reporting, a change to the balance, and the payment of your attorney's fees. You decide whether to accept a settlement; we advise you. Settlement amounts in other people's cases do not predict yours, and this firm publishes no results of its own. The public verdicts page lists sourced examples from other cases for context only.
6. Trial
If the case does not resolve, it goes to trial before a judge or jury, who decide liability and damages within the limits the statutes set. See what you get for those limits.
7. Fees
The FDCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs (15 U.S.C. § 1692k(a)(3)). The FCRA does too (§§ 1681n, 1681o), and so does Florida's FCCPA (Fla. Stat. § 559.77(2)). New York's GBL 349 lets the court award fees (§ 349(h)). The TCPA has no fee-shifting clause. How our fee works is confirmed in a written retainer before we begin. See who pays your lawyer.
Timeline
| Stage | What happens | What you do |
|---|---|---|
| Review | Facts, laws, first deadline | Bring letters, screenshots, reports |
| Evidence | Records collected and preserved | Keep logging calls; do not delete anything |
| Demand | Written demand, if time allows | Forward any new contact to us |
| Filing | Complaint filed, usually in federal court | Review the complaint for accuracy |
| Discovery | Documents, written questions, depositions | Answer questions; possibly a deposition |
| Resolution | Settlement, arbitration award, or trial | Decide on any offer, with our advice |
How long each stage takes varies with the company, the court and whether the case settles. We do not promise a timeline or an outcome.
If you have been sued first
If a collector has already sued you, the steps change: the first deadline is your answer, and it is short. Do not ignore the papers. See sued by a debt collector.
In New York, New Jersey and Florida
We bring these cases in the federal and state courts where our attorneys are admitted: Mikhail Usher in New York, New Jersey and Florida; Alexander Susi in New York, New Jersey and Pennsylvania; Mitchell Bromberg in New Jersey and New York. See New York, New Jersey and Florida for the state claims.
Common questions
Do I have to go to court?
Not always. Many cases resolve by settlement before or after a lawsuit is filed. If the case is litigated, you will likely answer written questions and may sit for a deposition. A trial happens only if the case does not resolve.
How long does a case take?
It depends on the defendant, the court and whether the case settles. Some resolve in weeks after a demand; litigated cases take longer, often many months. We give you a realistic picture at the start and update it as the case moves. No one can promise a timeline.
Will suing affect the debt I owe?
An FDCPA or FCRA claim is about how the company behaved, not whether you owe the debt. The debt does not disappear because the collector broke the law, though a settlement can address the balance or the reporting if the parties agree. If a collector has sued you, the claims can be raised in that case.
What does it cost me to find out if I have a case?
The first review of your facts with an attorney has no charge. If we take the case, how our fee works is confirmed in a written retainer before we begin.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.