Padilla v. Payco General American Credits, Inc.

This folder examines the awards in terms of damages, statutory or otherwise. Another folder will deal with the law regarding attorneys' fees, costs and those types of awards. This folder is to share gross figures on damages and recovery.
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David A. Szwak
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Padilla v. Payco General American Credits, Inc.

Post by David A. Szwak »

Padilla v. Payco General American Credits, Inc.
161 F.Supp.2d 264
S.D.N.Y.,2001.
August 01, 2001

Although Padilla seeks to reserve the question of damages for the jury, *277 § 1692k provides that judges, not juries, determine damages for violations of the FDCPA. Under that section, an individual plaintiff that has proven a violation of any provision of the FDCPA may be awarded civil damages of the sum of (1) her actual damages resulting from the violation; and (2)(A) additional damages of up to $1,000 in the Court's discretion, plus (3) the costs of the action and reasonable attorneys' fees, as determined by the Court. As such, Padilla's motion to reserve damages for a jury, and for punitive damages under the FDCPA is denied. Damages shall be resolved by the Court in future proceedings.
In addition, the Court will determine reasonable attorneys' fees for Payco on its successful claims upon the filing of a motion on notice, pursuant to § 1629k(a)(a)(3).FN20

FN20. Padilla may not recover any attorneys' fees because she did not incur any, having elected instead to proceed pro se. See generally Kay v. Ehrler, 499 U.S. 432, 111 S.Ct. 1435, 113 L.Ed.2d 486 (1991).
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
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Shreveport, Louisiana 71101
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