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."
March 09, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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