Debt-collection lawyers who file affidavits to obtain garnishments in state courts are fair game for consumers’ Fair Debt Collection Practices Act (FDCPA) lawsuits in federal court, the 6th U.S. Circuit Court of Appeals has held.
The decision marks the first time that a federal circuit has held that a debt-collection lawyer’s affidavit is not protected by the absolute immunity commonly granted to witnesses in judicial proceedings.
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