What type of damages can I recover for a collection defense lawsuit?

In California, if you are successful in a collection defense lawsuit, you may be awarded compensatory damages. These damages compensate you for expenses you did not expect to incur due to the defendant’s collection activities. Damages may include the cost of credit reports, attorney’s fees, court costs, and other costs related to the collection. Additionally, you may also be eligible to receive statutory damages. Statutory damages are damages specifically provided by the California legislature and are intended to be punitive. Examples include statutory damages of up to $1,000 for each violation of your rights under the Consumer Credit Reporting Agencies Act, and up to $2,500 for each violation of the Rosenthal Fair Debt Collection Practices Act. Finally, in certain cases, you may be entitled to receive punitive damages as well. Punitive damages are designed to punish the defendant for particularly outrageous conduct, such as harassment or intentional infliction of emotional distress. In California, the amount of punitive damages that can be awarded is limited to no more than three times the amount of compensatory damages or $4,000, whichever is greater.

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