Did you know that you can recover for emotional damages, based ONLY ON TESTIMONY? The 9th Circuit recently found that an individual’s testimony alone can sufficiently establish emotional distress damages.
In Zhang v. American Gem Seafoods, the court upheld emotional damages based only on testimony, and also in Johnson v. Hale, the court stated that emotional damage may be awarded based only on testimony or appropriate inference from circumstances.
In the latest 9th Circuit case, Arrow Financial Services argued that, in order to support her emotional distress damages claim, Nelson must present medical or psychological evidence. Nelson testified that, as a result of the disputed Debt repeatedly reappearing on her credit report, she felt stigmatized, had fights with her partner, difficulty sleeping, recurring fear, vomiting, and sick stomach. Based on Ninth Circuit precedent, the Court found that Nelson’s testimony alone could sufficiently establish emotional distress damages.
If you are suffering from emotional distress from abusive debt collection practices, the experienced consumer protection attorneys at The Manning Law Office will help you! The collections abuse victim in this FDCPA case should receive monetary damages and payment of attorneys’ fees and costs, once the evidence is marshaled. Call (949) 200-8755 today, to sue the collector that is harassing you! Call now because the statute of limitations on this type of case is ONE YEAR!