Debt Collection Laws - 6th Circuit Rules Debt-Collection Lawyers' Affidavits Not Protected by Immunity
6th Circuit Rules Debt-Collection Lawyers' Affidavits Not Protected by Immunity
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.
6th Circuit Rules Debt-Collection Lawyers' Affidavits Not Protected by Immunity
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.
