Frequently Asked Questions on FDCPA representation

How is it that Centennial Law Offices will represent me without charging me?

What will happen after I file the report?

Will I have to go to court?

Can Centennial Law Offices represent me in my state?

If I file a report today, when will the harassing calls stop?

Under what law am I entitled to receive up to $1,000?

I registered my number on the Do Not Call List, will that stop the calls?

What is the benefit of having Centennial Law Offices handle my case? Could I do it myself?

Can I also get help from the Federal Trade Commission (FTC), my state attorney general, or the BBB?


How is it that Centennial Law Offices will represent me without charging me?

We represent victims of Fair Debt Collection Practices Act (FDCPA) violations without up-front charges because the violating debt collection company is liable for your legal fees. If we don't collect up to $1,000 in statutory damages for you, we simply don't charge any fees for handling the case. If we do collect up to $1,000 in statutory damages for you, the legal fees will be paid in addition (not subtracted from) the amount you are paid. In no event will you be charged anything. There is no situation in which you will be billed any legal fees for collection violation (FDCPA) representation.


Are there any hidden costs or fees of any type that Centennial Law Offices may charge to represent me in a Fair Debt Collection Practices Act (FDCPA) violation case?

No.


What will happen after I file the report?

Your report will be reviewed within hours of receipt. You will receive an initial response by email within 24hrs. If we need more information than was provided in your report, we will notify you by email. If it is determined that you are likely the victim of an FDCPA violation, you will receive an email accompanied by a representation agreement so that we can take action on your behalf.

Once you have become represented, you will receive the contact information for your attorney. The collection company will be contacted (usually by fax), informing them that Centennial Law Offices represents you. Any calls you have been receiving will be terminated. (This point is often reached in 1-2 days).

Your attorney will then send a demand letter to the collection company notifying them of their unlawful conduct and demanding the statutory damages for you. Most cases are settled at this point. (This point is often reached in 3-4 weeks).

If the collection company refuses to comply or otherwise fails to respond to the demand letter, a lawsuit will be filed in the U.S. District Court for the jurisdiction of your residence. The attorneys fees the debt collection company is potentially liable for have just increased dramatically. With 21-days to respond to the lawsuit, many collection companies will settle the lawsuit at this point.

If the collection company fails to respond to the lawsuit, a default judgment will be obtained and a collection action will be instituted against the collection company, which may include bank levies and the seizure of assets. If the collection company does respond to the lawsuit, the case will proceed to trial. Less than 1% of all cases progress this far.


Will I have to go to court?

It is very, very unlikely that you will ever go to court. Statistically the chances are less than 1% or 1 in every 100 cases. Even then, you have no obligation to go to court. You can decide not to. See the section entitled "What will happen after I file the report?" for the reasons why so few cases go to court. In the highly unlikely event that your case does go to court, it will be brought in the federal court (U.S. District Court) located closest to you within your state.


Can Centennial Law Offices help me in my state?

Yes. Fair Debt Collection Practices Act (FDCPA) violations are a matter of federal law. Centennial Law Offices may represent clients before federal court in any state. In the rare event that litigation over an FDCPA violation occurs, Centennial Law Offices may associate in an attorney in your jurisdiction to make any necessary court appearances. Again, you will not be charged anything. Centennial Law Offices may represent clients in California and in most federal jurisdictions, and may associate counsel in other federal jurisdictions as necessary for prosecution of (federal law) Fair Debt Collection Practices Act cases.


If I file a report today, when will the harassing calls stop?

Each situation is handled on a case by case basis. In some cases it may be in your interest to continue receiving the calls in order to collect evidence (a record of the calls). In other cases where no further evidence is necessary, we will have the calls terminated within 24hrs.


Under what law am I entitled to receive up to $1,000?

15 U.S.C. section 1692(k):

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of--
(1) any actual damage sustained by such person as a result of such failure;
(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.


I registered my number on the Do Not Call List, will that stop the calls?

The national "Do Not Call Registry" has nothing to do with collection calls. The purpose of the Registry is to opt out of receiving telemarketing calls. Telemarketing calls are calls in which a marketer will call you in an attempt to sell you something.


What is the benefit of having Centennial Law Offices handle my case? Could I do it myself?

While representing oneself in court it possible, the chances of success are statistically very slim. This is especially true when facing a large company. If you are a victim of a Fair Debt Collection Practices Act (FDCPA) violation, Centennial Law Offices will represent you without charging you.

When you are represented by an attorney, chances are the debt collection company will settle the matter after receiving a demand letter for payment. The reason is that the debt collection company is worried not about paying you up to $1,000, they are worried about paying attorney's fees which are recoverable as well. A debt collection company facing a lawsuit from a self-represented victim is likely to defend the suit at trial, often successfully. The same debt collection company facing a lawsuit in which an attorney is representing the victim is very unlikely to risk going to trial or even waiting for a lawsuit to be filed at all. The reasons are as follows:

If the debt collection company defends the lawsuit and loses, they will pay the victim consumer (you), and your attorney fees, which are likely to be in the many thousands of dollars. With Centennial Law Offices, if we don't win the case for you, you don't pay anything.*

*This often includes court costs. If you do not qualify for a waiver of court costs (from the court), Centennial Law Offices may pay the court costs for you. Court costs include the cost to file the lawsuit, serve the defendant, file motions, etc.


Can I also get help from the Federal Trade Commission (FTC), my state attorney general, or the BBB?

The FTC will not handle or respond to your individual case. State attorney general offices often do not respond to individual complaints and will not represent you in a civil case to recover the possible $1,000 you are entitled to receive as a victim. The BBB and National "Do Not Call List" are irrelevant to exerting your rights against debt collection violations/calls.