Question about the $75K requirement to file in Federal Court

[bigun]

What is the name of your state?
Didn't want to hijack a thread but, I'm confused here. I've found a number of cases where a federal judge awarded just a $1000 to a plantiff on an FDCPA violation. Here's an example.

http://www.law.com/jsp/article.jsp?id=1036630505741


The lawyer for the collector, Scott Piekarsky, a partner at Wayne's DeYoe, Heissenbuttel & Piekarsky, claimed in court papers that counsel fees may not be awarded under the act unless the defendant is liable for the plaintiff's actual damages on top of the statutory amount. The debtor-plaintiff, Frank Garatina, did not seek actual damages.


It looks like the guy sued for a $1000 {and won} and then, his lawyer hit the jackpot.

 

[stevek3]

What is the name of your state?
Didn't want to hijack a thread but, I'm confused here. I've found a number of cases where a federal judge awarded just a $1000 to a plantiff on an FDCPA violation. Here's an example.

http://www.law.com/jsp/article.jsp?id=1036630505741


The lawyer for the collector, Scott Piekarsky, a partner at Wayne's DeYoe, Heissenbuttel & Piekarsky, claimed in court papers that counsel fees may not be awarded under the act unless the defendant is liable for the plaintiff's actual damages on top of the statutory amount. The debtor-plaintiff, Frank Garatina, did not seek actual damages.


It looks like the guy sued for a $1000 {and won} and then, his lawyer hit the jackpot.

Federal courts have original subject matter jurisdiction involving federal issues. There's no dollar minimum. You also hit the nail on the head as to why most FDCPA cases are even filed in federal court in the first place. The debtor's lawyer is the engine driving these cases. The debtor doesn't take home any substantive prize. On the other hand, the debtor's lawyer wins a brand-new speedboat, a new dishwasher and a really nice coat for his mistress. Of course, if these lawyers had any brains and/or weren't so filled with their own egos, at the beginning of the case, the defendant's lawyer would have simply made an offer of judgment of $1,000 under CivR 68. The plaintiff's lawyer would then have been forced to go home and cry to Mommy that he wasn't going to be able pervert the law by cashing in on the statute.