1692k[a][3]: Lemieux v. Guy

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

1692k[a][3]: Lemieux v. Guy

Post by David A. Szwak »

Lemieux v. Guy,
Slip Copy, 2006 WL 3626555, S.D.Ind., November 20, 2006 (No. 1:06-cv-0941-DFH-WTL.)


DAVID F. HAMILTON, United States District Judge.
*1 Plaintiff in this Fair Debt Collection Practices Act case seeks an award of attorney fees and costs. Before even the initial pretrial conference in this action, defendants used Rule 68 of the Federal Rules of Civil Procedure to make an offer of judgment of $1,000-the maximum available statutory-damages plus attorney fees and costs to be decided later. Plaintiff accepted the offer and seeks fees and costs totaling $8,458.39. Defendants object that the request is unreasonable. As explained below, the court finds that a reasonable award is an attorney fee of $2,000 and costs of $372.94.

The Fair Debt Collection Practices Act provides for an award of reasonable attorney fees and costs to a prevailing plaintiff. 15 U.S.C. § 1692k(a)(3). Plaintiff's motion seeks $7,885 in attorney fees for four different attorneys for a total of 24.3 hours, plus costs of $573.39. The Supreme Court has expressed the hope that a “request for attorney fees should not result in a second major litigation.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555
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Return to “Potential Exposure For Sanctions Due to Filing Bad Faith FDCPA Cases: 15 U.S.C. 1692k[a][3], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11”