It is currently Wed Oct 16, 2019 3:29 pm

All times are UTC




Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Sat Oct 07, 2006 10:00 pm 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
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
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group