[{"@context":"http:\/\/schema.org","@type":"BlogPosting","about":["Consumer Law","Case Results","Debt","Consumer Protection","Civil Justice","Creditor Harassment","Americans' Rights"],"dateModified":"2024-05-01","wordCount":381,"url":"https:\/\/www.lawtoncates.com\/blog\/debt-collectors-ordered-to-pay-debtors-attorney\/","mainEntityOfPage":"https:\/\/www.lawtoncates.com\/blog\/debt-collectors-ordered-to-pay-debtors-attorney\/","description":"The battle between debtors and debt collectors has been raging for years. In recent times, law changes have given debtors a fighting chance. Even though these law changes haven\u2019t shifted the odds to favor debtors, the balance of power has shifted enough that desperate debt collectors have resorted to committing offenses that violate\u00a0consumer protection law. Federal and state consumer protection laws govern debt collectors, and violations of those laws can allow a debtor to avoid paying a debt, recover damages, or both. In the past, many cases filed by debtors against debt collectors were filed in federal court, because the [\u2026]","name":"Debt Collectors Ordered to Pay Debtors\u2019 Attorney\u2019s Fees after Trying (and Failing) to Force Debtors\u2019 Lawsuits into Federal Court","headline":"Debt Collectors Ordered to Pay Debtors\u2019 Attorney\u2019s Fees after Trying (and Failing) to Force Debtors\u2019 Lawsuits into Federal Court","articleBody":"The battle between debtors and debt collectors has been raging for years. In recent times, law changes have given debtors a fighting chance. Even though these law changes haven\u2019t shifted the odds to favor debtors, the balance of power has shifted enough that desperate debt collectors have resorted to committing offenses that violate\u00a0consumer protection law.Federal and state consumer protection laws govern debt collectors, and violations of those laws can allow a debtor to avoid paying a debt, recover damages, or both. In the past, many cases filed by debtors against debt collectors were filed in federal court, because the primary law debtors relied on was the federal Fair Debt Collection Practices Act (FDCPA). However, in recent years, federal courts have limited debtors\u2019 ability to sue debt collectors in federal court, so debtors\u2019 lawyers have started filing lawsuits in state court instead.Debtors Finding Success Suing Debt Collectors in State CourtIn three recent cases, (Masnak v. Option Solutions, Currier v. Lawgix Laws LLC, and Suxstorf v. Portfolio Recovery Associates) the debtors sued debt collectors in state court. In each case, the debt collector tried to \u201cremove\u201d the case to federal court. And in each case, the debt collector failed in that effort. All three times, the district court ordered the debt collector to pay the attorney fees the debtor incurred in fighting the removal, holding that, \u201cIt was objectively unreasonable for the defendant to remove the case to federal court.\u201d In addition, in each instance, the federal court also sent the case back to state court.Schedule a Free, No-obligation Consultation With Our Experienced Wisconsin Consumer Protection AttorneysAt\u00a0LawtonCates, we\u2019ve been helping debtors in\u00a0Madison, Jefferson, and throughout Wisconsin\u00a0since 1958. Our legal team handles a wide range of consumer protection matters. As our\u00a0reviews\u00a0and\u00a0case results\u00a0prove, protecting our clients\u2019 rights and securing the most favorable outcomes possible for their situations have always been our top priorities.If you\u2019ve been the victim of fraud or are being harassed by debt collectors, contact LawtonCates today to discuss the problem with one of our experienced consumer protection lawyers.To speak with\u00a0our consumer protection attorneys in Wisconsin\u00a0about your situation, call us at\u00a0(608) 282-6200\u00a0or\u00a0reach out to us online\u00a0today for a free, no-obligation consultation.","datePublished":"2022-09-08","author":{"@type":"Person","image":{"@type":"ImageObject","url":"https:\/\/secure.gravatar.com\/avatar\/2f34718d3c46ee2833d3ccf83f7221a0?s=96&d=mm&r=g","height":96,"width":96,"@id":"https:\/\/secure.gravatar.com\/avatar\/2f34718d3c46ee2833d3ccf83f7221a0?s=96&d=mm&r=g"},"url":"https:\/\/www.lawtoncates.com\/blog\/author\/lawtoncates\/","name":"LawtonCates","identifier":7,"@id":"https:\/\/www.lawtoncates.com\/blog\/author\/lawtoncates\/#Person"},"publisher":{"@type":"Organization","logo":{"@type":"ImageObject","url":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png","height":73,"width":438,"@id":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png"},"name":"LawtonCates, S.C.","@id":"https:\/\/www.lawtoncates.com\/blog\/debt-collectors-ordered-to-pay-debtors-attorney\/#Organization1"},"image":{"@type":"ImageObject","url":"http:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/Past-Due.2206301333550.jpg","height":443,"width":789,"@id":"http:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/Past-Due.2206301333550.jpg"},"@id":"https:\/\/www.lawtoncates.com\/blog\/debt-collectors-ordered-to-pay-debtors-attorney\/#BlogPosting"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.lawtoncates.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Debt Collectors Ordered to Pay Debtors\u2019 Attorney\u2019s Fees after Trying (and Failing) to Force Debtors\u2019 Lawsuits into Federal Court","item":"https:\/\/www.lawtoncates.com\/blog\/debt-collectors-ordered-to-pay-debtors-attorney\/#breadcrumbitem"}]}]