If you’ve seen a legal show, you’ve probably heard the term “remanded.” But like many people, you may not know exactly what it means. Fortunately, it’s fairly straightforward.
Definition of "Remand"
There are two main uses of the word “remand” in the legal field.
- To place someone in custody while they await trial
- To send a case back to another court or agency
The second use of the word “remand” is the one that you’re more likely to have seen if you’ve read anything about FDCPA cases. This is because FDCPA cases can be--and have been--remanded to different courts after the initial case has been heard.
Remanding and the FDCPA
Here’s an example of remanding at work:
If a case goes through trial, the jury reaches a verdict, and the defense attorney files an appeal, that case could go to appeals court. The appeals court can then hear the case and either affirm the original verdict, determine something different, or remand (i.e., send it back) to the original court. This could apply to your FDCPA case; it could initially be heard in one court and then ultimately remanded to another.
Remanding isn’t out of the question, and having to go through two trials by yourself may end up feeling overwhelming. Fortunately, you won’t have to if you hire an FDCPA attorney. A skillful FDCPA attorney can help you avoid that fate by developing a strong case to protect you. That way, there’s less of a chance of having to spend a great deal of time in court--both for the initial trial and then the remanded one.