Thursday July 29 , 2010
  • attorneys’ fees and costs
  • your damages
  • remedies
  • Why You Should Sue
ImageAttorney Fees

Attorney fees are what we are paid for our work. In most consumer rights matters, that is paid by those we sue (the defendants.) If we cannot prevail for you, you need not be concerned. You will not have to pay them.

ImageFiling Fees & Costs

Filing fees are fees that must be paid to the court. Other costs include service of process fees, court reporter fees, deposition fees, expert fees, and alike. But again, if we do not win the case for you, you will not be expected to pay these.

ImageStatutory Damages

Statutory damages are awarded in many consumer cases by statute. They are damages that are presumed to have occurred.

ImageActual Damages

Actual damages are damages that occur to you, personally. Stress and emotional injuries, embarrassment, or physical injuries are actual damages.

ImagePunitive Damages

Punitive damages are a form of punishment. They are meant to deter the defendant from doing this to you or other again in the future.

ImageMonetary Awards

The most common form of remedy to you is money. The court will award you money in an attempt to compensate you for your injuries. It may also award you money to punish the defendant for its illegal conduct.

ImageInjunctive Relief

The court may also impose an injunction on the defendant requiring it to do something or to refrain from doing something. One common injunction is to order the defendant to stop engaging in certain illegal conduct.

ImageLawsuits Do More Than Just Help You

Consumers sometimes view suing as a bad thing - like it is greedy. You shouldn't view it that way. When you sue you do more than just put money in your pocket. You hurt the defendant financially. You send a clear message – "Stop Doing This!" Companies often only stop when it costs them money, and suing does other consumers a service. You are also doing law abiding companies a favor. When competitors violate the law it disadvantages law abiding companies - and it tempts those companies to break the law too, just to keep up. It's possible that if someone else had sued before, what happened to you wouldn't have happened at all.

Statutory Damages

Statutory damages are laid down in law. Mere violation of the law can entitle you to a statutory award, even if no actual injury occurred. You should think of this a "traffic ticket." The defendant (for example, a debt collector) gets caught violating the law. The debt collector must now pay you a sum of money without regard to whether you actually incurred any other damages. Consumer statutes often include statutory damages, including the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. ("FDCPA"), the he Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"), and many others.

Statutory damages are "cumulative."  That is, they are added to other damage awards you may receive.

From The Desk Of Mr. Hyde

ImageOur Law Firm Is
Dedicated To Helping You

“If you are being abused by a debt collector, if you have been sued on a credit card debt, if a credit repair agency has taken money from you but done little, or if you have another consumer related issue, you need a law firm dedicated to consumer rights. That is what we do at Hyde & Swigart.  Call Us Today at (619) 233-7770 for a free consultation.”

From The Desk Of Mr. Swigart

ImageOur Firm Is Here To
Solve Your Problems

"That is why we don’t charge you to discuss your case.  If you have been treated unfairly by debt collectors, sued, or alike, you need not fear calling us.  We will listen to you, tell you if you have a case, and give you some options - all at no charge.  If you feel your rights are being violated, I urge you to call us today at (619) 233-7770 for a free consultation.”