Here is a step by step guide to filing a Federal lawsuit. Remember that this is for the Massachusetts. If you live somewhere else, the process will likely be exactly the same. It is a good idea to check your local rules before you file a complaint or any other filing.
Also, you could check your court and see if they have a similar document.
Here is the link: www.mad.uscourts.gov/general/pdf/StepByStepEnglish.pdf
Friday, December 23, 2011
Consumer Fed lawsuit stats Nov 16 - 30, 2011
You can file suit against the Collection Agencies (CA) with help of an attorney. You dont need an attorney if you are willing to study. Here are some interesting statistics:
There were about 423 lawsuits filed under consumer statutes in the second half of November 2011.
385 FDCPA
58 FCRA
13 TCPA
40 TILA
Statistics Year to Date: 11597 total lawsuits for 2011, including:
10788 FDCPA
1714 FCRA
432 TCPA
1382 TILA
The top courts where lawsuits were filed:
25 Lawsuits: Colorado District Court - Denver
22 Lawsuits: California Central District Court - Western Division - Los Angeles
21 Lawsuits: Minnesota District Court - Dmn
20 Lawsuits: New Jersey District Court - Newark
20 Lawsuits: Illinois Northern District Court - Chicago
19 Lawsuits: Georgia Northern District Court - Atlanta
16 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
13 Lawsuits: New York Western District Court - Buffalo
10 Lawsuits: New York Southern District Court - White Plains
10 Lawsuits: California Northern District Court - San Francisco
The most active consumer s were:
Representing 18 Consumers: Edwin D Hoskins
Representing 14 Consumers: David M Larson
Representing 13 Consumers: Sergei Lemberg
Representing 12 Consumers: Brent F Vullings
Representing 12 Consumers: Yaakov Saks
Representing 10 Consumers: Tammy L Hussin
Representing 9 Consumers: David J Philipps
Representing 9 Consumers: Jody B Burton
Representing 9 Consumers: Shireen Hormozdi
Representing 8 Consumers: Craig J Ehrlich
*******************
There were about 536 lawsuits filed under consumer statutes
in the first half of November 2011.
472 FDCPA
84 FCRA
11 TCPA
26 TILA
Statistics Year to Date: 11176 total lawsuits for 2011, including:
10402 FDCPA
1656 FCRA
419 TCPA
1342 TILA
The top courts where lawsuits were filed:
40 Lawsuits: New Jersey District Court - Newark
34 Lawsuits: Minnesota District Court - Dmn
28 Lawsuits: Colorado District Court - Denver
27 Lawsuits: California Central District Court - Western Division - Los Angeles
20 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
19 Lawsuits: Illinois Northern District Court - Chicago
18 Lawsuits: New York Eastern District Court - Central Islip
16 Lawsuits: New York Eastern District Court - Brooklyn
16 Lawsuits: Michigan Eastern District Court - Detroit
14 Lawsuits: New York Western District Court - Buffalo
The most active consumer attorneys were:
Representing 31 Consumers: Yaakov Saks
Representing 28 Consumers: Mark L Vavreck
Representing 21 Consumers: David Michael Larson
Representing 20 Consumers: Mark H Rephen
Representing 15 Consumers: Gary D Nitzkin
Representing 13 Consumers: Craig Thor Kimmel
Representing 12 Consumers: Penny Hays Cauley
Representing 12 Consumers: Shireen Hormozdi
Representing 10 Consumers: Sergei Lemberg
Representing 9 Consumers: Deborah P Gutierrez
***********************
There were about 552 lawsuits filed under consumer statutes in the second half of October 2011.
492 FDCPA
83 FCRA
23 TILA
21 TCPA
Statistics Year to Date: 10647 total lawsuits for 2011, including:
9917 FDCPA
1547 FCRA
355 TCPA
1294 TILA
The top courts where lawsuits were filed:
40 Lawsuits: California Central District Court - Western Division - Los Angeles
31 Lawsuits: Illinois Northern District Court - Chicago
30 Lawsuits: Colorado District Court - Denver
27 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
21 Lawsuits: New York Southern District Court - Foley Square
21 Lawsuits: Georgia Northern District Court - Atlanta
18 Lawsuits: Florida Southern District Court - Fort Lauderdale
16 Lawsuits: New Jersey District Court - Newark
15 Lawsuits: Minnesota District Court - Dmn
13 Lawsuits: Michigan Eastern District Court - Detroit
The most active consumer attorneys were:
Representing 21 Consumers: David Michael Larson
Representing 13 Consumers: Samuel A Ehrenfeld
Representing 13 Consumers: Sergei Lemberg
Representing 10 Consumers: Nicholas J Bontrager
Representing 10 Consumers: Shireen Hormozdi
Representing 10 Consumers: Yaakov Saks
Representing 9 Consumers: Alex D Weisberg
Representing 9 Consumers: Bruce K Warren
Representing 8 Consumers: Jack Dennis Card Jr
Representing 7 Consumers: Brent Francis Vullings
**********************
557 lawsuits filed under consumer statutes October 1-15, 2011
516 FDCPA
129 FCRA
31 TCPA
84 TILA
Statistics Year to Date: 10,097 total lawsuits for 2011, including:
9425 FDCPA
1464 FCRA
334 TCPA
1271 TILA
The top courts where lawsuits were filed:
34 Lawsuits: New Jersey District Court - Newark
30 Lawsuits: California Central District Court - Western Division - Los Angeles
25 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
24 Lawsuits: Colorado District Court - Denver
17 Lawsuits: Florida Southern District Court - Miami
16 Lawsuits: Florida Southern District Court - Fort Lauderdale
16 Lawsuits: Illinois Northern District Court - Chicago
15 Lawsuits: Michigan Eastern District Court - Detroit
15 Lawsuits: Minnesota District Court - Dmn
14 Lawsuits: California Southern District Court - San Diego
The most active consumer attorneys were:
Representing 44 Consumers: Feng Li
Representing 23 Consumers: Yaakov Saks
Representing 21 Consumers: Sergei Lemberg
Representing 19 Consumers: J Mark Meinhardt
Representing 17 Consumers: Tammy L Hussin
Representing 16 Consumers: Jody Berke Burton
Representing 13 Consumers: Alexander Daniel Weisberg
Representing 12 Consumers: Gary D Nitzkin
Representing 12 Consumers: Shireen Hormozdi
Representing 11 Consumers: Amy Lynn Bennecoff
Source Inside ARM and WebRecon
There were about 423 lawsuits filed under consumer statutes in the second half of November 2011.
385 FDCPA
58 FCRA
13 TCPA
40 TILA
Statistics Year to Date: 11597 total lawsuits for 2011, including:
10788 FDCPA
1714 FCRA
432 TCPA
1382 TILA
The top courts where lawsuits were filed:
25 Lawsuits: Colorado District Court - Denver
22 Lawsuits: California Central District Court - Western Division - Los Angeles
21 Lawsuits: Minnesota District Court - Dmn
20 Lawsuits: New Jersey District Court - Newark
20 Lawsuits: Illinois Northern District Court - Chicago
19 Lawsuits: Georgia Northern District Court - Atlanta
16 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
13 Lawsuits: New York Western District Court - Buffalo
10 Lawsuits: New York Southern District Court - White Plains
10 Lawsuits: California Northern District Court - San Francisco
The most active consumer s were:
Representing 18 Consumers: Edwin D Hoskins
Representing 14 Consumers: David M Larson
Representing 13 Consumers: Sergei Lemberg
Representing 12 Consumers: Brent F Vullings
Representing 12 Consumers: Yaakov Saks
Representing 10 Consumers: Tammy L Hussin
Representing 9 Consumers: David J Philipps
Representing 9 Consumers: Jody B Burton
Representing 9 Consumers: Shireen Hormozdi
Representing 8 Consumers: Craig J Ehrlich
*******************
There were about 536 lawsuits filed under consumer statutes
in the first half of November 2011.
472 FDCPA
84 FCRA
11 TCPA
26 TILA
Statistics Year to Date: 11176 total lawsuits for 2011, including:
10402 FDCPA
1656 FCRA
419 TCPA
1342 TILA
The top courts where lawsuits were filed:
40 Lawsuits: New Jersey District Court - Newark
34 Lawsuits: Minnesota District Court - Dmn
28 Lawsuits: Colorado District Court - Denver
27 Lawsuits: California Central District Court - Western Division - Los Angeles
20 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
19 Lawsuits: Illinois Northern District Court - Chicago
18 Lawsuits: New York Eastern District Court - Central Islip
16 Lawsuits: New York Eastern District Court - Brooklyn
16 Lawsuits: Michigan Eastern District Court - Detroit
14 Lawsuits: New York Western District Court - Buffalo
The most active consumer attorneys were:
Representing 31 Consumers: Yaakov Saks
Representing 28 Consumers: Mark L Vavreck
Representing 21 Consumers: David Michael Larson
Representing 20 Consumers: Mark H Rephen
Representing 15 Consumers: Gary D Nitzkin
Representing 13 Consumers: Craig Thor Kimmel
Representing 12 Consumers: Penny Hays Cauley
Representing 12 Consumers: Shireen Hormozdi
Representing 10 Consumers: Sergei Lemberg
Representing 9 Consumers: Deborah P Gutierrez
***********************
There were about 552 lawsuits filed under consumer statutes in the second half of October 2011.
492 FDCPA
83 FCRA
23 TILA
21 TCPA
Statistics Year to Date: 10647 total lawsuits for 2011, including:
9917 FDCPA
1547 FCRA
355 TCPA
1294 TILA
The top courts where lawsuits were filed:
40 Lawsuits: California Central District Court - Western Division - Los Angeles
31 Lawsuits: Illinois Northern District Court - Chicago
30 Lawsuits: Colorado District Court - Denver
27 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
21 Lawsuits: New York Southern District Court - Foley Square
21 Lawsuits: Georgia Northern District Court - Atlanta
18 Lawsuits: Florida Southern District Court - Fort Lauderdale
16 Lawsuits: New Jersey District Court - Newark
15 Lawsuits: Minnesota District Court - Dmn
13 Lawsuits: Michigan Eastern District Court - Detroit
The most active consumer attorneys were:
Representing 21 Consumers: David Michael Larson
Representing 13 Consumers: Samuel A Ehrenfeld
Representing 13 Consumers: Sergei Lemberg
Representing 10 Consumers: Nicholas J Bontrager
Representing 10 Consumers: Shireen Hormozdi
Representing 10 Consumers: Yaakov Saks
Representing 9 Consumers: Alex D Weisberg
Representing 9 Consumers: Bruce K Warren
Representing 8 Consumers: Jack Dennis Card Jr
Representing 7 Consumers: Brent Francis Vullings
**********************
557 lawsuits filed under consumer statutes October 1-15, 2011
516 FDCPA
129 FCRA
31 TCPA
84 TILA
Statistics Year to Date: 10,097 total lawsuits for 2011, including:
9425 FDCPA
1464 FCRA
334 TCPA
1271 TILA
The top courts where lawsuits were filed:
34 Lawsuits: New Jersey District Court - Newark
30 Lawsuits: California Central District Court - Western Division - Los Angeles
25 Lawsuits: Pennsylvania Eastern District Court - Philadelphia
24 Lawsuits: Colorado District Court - Denver
17 Lawsuits: Florida Southern District Court - Miami
16 Lawsuits: Florida Southern District Court - Fort Lauderdale
16 Lawsuits: Illinois Northern District Court - Chicago
15 Lawsuits: Michigan Eastern District Court - Detroit
15 Lawsuits: Minnesota District Court - Dmn
14 Lawsuits: California Southern District Court - San Diego
The most active consumer attorneys were:
Representing 44 Consumers: Feng Li
Representing 23 Consumers: Yaakov Saks
Representing 21 Consumers: Sergei Lemberg
Representing 19 Consumers: J Mark Meinhardt
Representing 17 Consumers: Tammy L Hussin
Representing 16 Consumers: Jody Berke Burton
Representing 13 Consumers: Alexander Daniel Weisberg
Representing 12 Consumers: Gary D Nitzkin
Representing 12 Consumers: Shireen Hormozdi
Representing 11 Consumers: Amy Lynn Bennecoff
Source Inside ARM and WebRecon
Some Debtors Are Getting Payback
Some debtors getting payback
Consumers winning lawsuits against collectors not following the law
By MARY FLOOD
Copyright 2009 Houston Chronicle
April 15, 2009, 6:02PM
Got debt? If you’re being harassed by collectors, you may also have a good lawsuit.
Lawyers in the debt business say that as collectors get desperate in these tough times, consumers are increasingly fighting back by suing those who use illegal tactics.
In Houston, U.S. District Court statistics show lawsuits filed against debt collectors under a federal consumer protection law are up 60 percent the first quarter of this year, compared with the same time last year.
“This is definitely increasing in popularity,” said Daniel Ciment, a Houston lawyer who once owned a collection agency and now sues debt collectors. “It’s most likely because debt collectors are hurting.”
Houston lawyer Dana Karni, who teaches consumer law, said the law essentially allows consumers to get their own private attorney general.“A lot of consumers don’t understand that they can go after the debt collectors and they can get paid for their pain and suffering and their attorneys fees can be paid,” Karni said.
Karni sued for Evelyn Turner when debt collectors relentlessly called her while her husband was in Iraq, threatening the Huntsville woman would lose her freedom and her children if she didn’t cover a debt she’d long ago arranged to be paid with a home equity loan.
“They said I’d go to jail, lose my family, my home, never see my children again. It was really brutal. It was horrifying,” said Turner, who husband is a civilian worker overseas. “I didn’t know I had the right to make it stop. After bawling my eyes out every day, I broke down and one of the ladies at the office told me to get an attorney.”
Turner’s title company hadn’t paid the debt as promised. Turner’s happy now with the $17,500 she got under the federal Fair Debt Collection Practices Act. Karni got more than $50,000 in legal fees and costs reimbursed.
Karni said there aren’t many lawyers doing this, but some can make a living suing collectors.
“Anyone who thinks there isn’t collection abuse is an idiot,” said Manny Newburger, an Austin-based lawyer who defends debt collectors nationwide. But Newburger believes it’s a few bad actors in a legitimate industry.
“As long as you have human beings doing this, people are going to screw up,” Newburger said.
Those screw ups often involve breaking laws about when to call, how often to call, when to stop calling at work, who can’t be told about debt and about making false claims such as threatening jail time, the forcible taking of a person’s home, or wage garnishment.
Matthew Probus, a Sugar Land lawyer, filed a lawsuit in March for a Houston woman headed to the hospital to visit her prematurely born daughter when debt collectors started harassing her over a $200 debt she owed Target.
“She got five calls in 30 minutes. It was sad and outrageous,” said Probus, who used to be the lawyer for a collection agency and switched sides.
He said folks can sue under state or federal law, though he leans toward the federal law. A basic case may get the $1,000 maximum under federal law but, he said, people who have really been bothered with dozens of daily calls or stress that results in hospitalization, can get more.
Newburger said it should not be forgotten that most of those called actually do owe money and sometimes the debtors lie to or use foul language with the collectors.
“Bottom line: people who owe money ought to pay their bills, people who collect debt ought to follow the law and consumers have the right to expect not to be abused,” he said.
The lawyers said Texas is especially famous for two multi-million dollar cases under the laws to curb debt collectors.
A jury awarded an El Paso couple $11 million, though an appeal’s court cut that down to $1 million in 1998. Trying to get $2,700 owed on a VISA card bill, collectors swore at the couple, harassed them at work, said they’d put out a contract to kill one of the debtors and appeared to have called a bomb threat to a debtor’s workplace.
In another legendary Texas case, an elderly woman with anxiety disorders was awarded $15 million by a Duval County jury after being harangued about a relative’s debt and believing threats she’d be jailed so she surrendered to confused authorities.
mary.flood@chron.com
Consumers winning lawsuits against collectors not following the law
By MARY FLOOD
Copyright 2009 Houston Chronicle
April 15, 2009, 6:02PM
Got debt? If you’re being harassed by collectors, you may also have a good lawsuit.
Lawyers in the debt business say that as collectors get desperate in these tough times, consumers are increasingly fighting back by suing those who use illegal tactics.
In Houston, U.S. District Court statistics show lawsuits filed against debt collectors under a federal consumer protection law are up 60 percent the first quarter of this year, compared with the same time last year.
“This is definitely increasing in popularity,” said Daniel Ciment, a Houston lawyer who once owned a collection agency and now sues debt collectors. “It’s most likely because debt collectors are hurting.”
Houston lawyer Dana Karni, who teaches consumer law, said the law essentially allows consumers to get their own private attorney general.“A lot of consumers don’t understand that they can go after the debt collectors and they can get paid for their pain and suffering and their attorneys fees can be paid,” Karni said.
Karni sued for Evelyn Turner when debt collectors relentlessly called her while her husband was in Iraq, threatening the Huntsville woman would lose her freedom and her children if she didn’t cover a debt she’d long ago arranged to be paid with a home equity loan.
“They said I’d go to jail, lose my family, my home, never see my children again. It was really brutal. It was horrifying,” said Turner, who husband is a civilian worker overseas. “I didn’t know I had the right to make it stop. After bawling my eyes out every day, I broke down and one of the ladies at the office told me to get an attorney.”
Turner’s title company hadn’t paid the debt as promised. Turner’s happy now with the $17,500 she got under the federal Fair Debt Collection Practices Act. Karni got more than $50,000 in legal fees and costs reimbursed.
Karni said there aren’t many lawyers doing this, but some can make a living suing collectors.
“Anyone who thinks there isn’t collection abuse is an idiot,” said Manny Newburger, an Austin-based lawyer who defends debt collectors nationwide. But Newburger believes it’s a few bad actors in a legitimate industry.
“As long as you have human beings doing this, people are going to screw up,” Newburger said.
Those screw ups often involve breaking laws about when to call, how often to call, when to stop calling at work, who can’t be told about debt and about making false claims such as threatening jail time, the forcible taking of a person’s home, or wage garnishment.
Matthew Probus, a Sugar Land lawyer, filed a lawsuit in March for a Houston woman headed to the hospital to visit her prematurely born daughter when debt collectors started harassing her over a $200 debt she owed Target.
“She got five calls in 30 minutes. It was sad and outrageous,” said Probus, who used to be the lawyer for a collection agency and switched sides.
He said folks can sue under state or federal law, though he leans toward the federal law. A basic case may get the $1,000 maximum under federal law but, he said, people who have really been bothered with dozens of daily calls or stress that results in hospitalization, can get more.
Newburger said it should not be forgotten that most of those called actually do owe money and sometimes the debtors lie to or use foul language with the collectors.
“Bottom line: people who owe money ought to pay their bills, people who collect debt ought to follow the law and consumers have the right to expect not to be abused,” he said.
The lawyers said Texas is especially famous for two multi-million dollar cases under the laws to curb debt collectors.
A jury awarded an El Paso couple $11 million, though an appeal’s court cut that down to $1 million in 1998. Trying to get $2,700 owed on a VISA card bill, collectors swore at the couple, harassed them at work, said they’d put out a contract to kill one of the debtors and appeared to have called a bomb threat to a debtor’s workplace.
In another legendary Texas case, an elderly woman with anxiety disorders was awarded $15 million by a Duval County jury after being harangued about a relative’s debt and believing threats she’d be jailed so she surrendered to confused authorities.
mary.flood@chron.com
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