Marking the first time a federal circuit has held that a debt-collection lawyer's affidavit is not protected by absolute immunity, the 6th Circuit has ruled that lawyers who file affidavits in garnishment proceedings may be sued in federal court under the Fair Debt Collection Practices Act. Richard Rubin, a solo who represents consumers in credit and debt collection abuse litigation, welcomed the decision, saying it will make collection lawyers "very careful ... that they don't misrepresent anything."
6th Circuit Rules Debt-Collection Lawyers' Affidavits Not Protected by Immunity
The National Law Journal
March 9, 2006