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Guest · Posted: Mon Nov 26, 2007 6:07 pm

Can an attorney acting as a debt collector add attorney's fees to a debt?

Here's the stats based on the paperwork I have:

Letter from 2005 from a CA has balance as $1,849.27
Summons Issued 5/06 from attorney debt collector has the following:
Demand $2,179.63 Summons Fee $32 Mileage $6 Attorney's Fee $58.59 Total: $2,276.22

I sent a letter to the OC 5/06, trying to set up a payment plan, but they never responded. I also sent a letter to the attorney disputing the amount $2,276.22. (I also just noticed while going through all this paperwork that they never provided me with documents proving the debt and balance) Is it too late, or pointless to call them out on this?

In Sept this year, I sent a check for $200, with a letter saying that according to my records, the $200 is the payment for the remaining balance on my account. They kept calling me this month, so on the 10th of this month I sent a letter regarding the phone calls and mentioned the previous letter from September. And I ended with "should you wish to communicate with me further, write to the address above."

Since then, they called on the 20th and today.

Perhaps I should also mention that all their letters end with the "this communication is from a debt collector" jargon.

Posted: Mon Nov 26, 2007 6:42 pm

Not unless there's been a judgment, and it states such.

Guest · Posted: Mon Nov 26, 2007 6:54 pm

There wasn't a judgement...there was only a summons. So they can't collect the attorney's fees? And can I hold them accountable for calling after I said to write to me if they wish to communicate further?

hockeyman · Posted: Mon Nov 26, 2007 7:30 pm

It's a basic litigation tactic, in 'sum certain' cases, they can tack on costs, after all, it's a settlement demand in a lawsuit, not just a bill you receive from OC or CA. Believe it or not, some attorneys would go for a default judgement for the hundred bucks in costs and fees.

Guest · Posted: Tue Nov 27, 2007 6:59 am

What if the OC has my balance on my reports as $0, past due amount of $0, with a 'date paid off' of 10/2007 and status of 'Payment after charge off/collection'?

Then I wouldn't (or shouldn't) owe anything on this, right?

Posted: Tue Nov 27, 2007 7:02 am

If you have proof of payment in full from oc before the collector got involved,then this is a case of a invalid collection as the debt is satisfied. I would send proof to the court and collector & demand the court case be dismissed with prejudice.

Posted: Tue Nov 27, 2007 7:07 am

The OC has a zero balance because they charged it off. That doesn't mean that you don't owe it. They sold the debt to someone else.

They should still have record of the amount they charged off. If not, the collection agency needs to provide that information.

Guest · Posted: Tue Nov 27, 2007 7:44 am

No, I've been sending payments of $100 a month after I got the summons mentioned above (but it never went to court) - they didn't sell the debt. That's why it's marked paid after charge off, instead of just charge off. So October 2007 is when I paid the last $100, and now the attorney is saying I still owe $240.

Posted: Tue Nov 27, 2007 7:46 am

If you have paid the debt and the attorney is saying that you still owe on the debt, have them validate it.They need to prove that you still owe in this.

Guest · Posted: Tue Nov 27, 2007 7:52 am

Will do. My TU report says what I put above, my EXP report says "Paid,Closed"

Posted: Tue Nov 27, 2007 9:08 am

Hey Jessi!!! good to see you!!

You said there was a summons but it never went to court? Was there a court date and response time for you to fill out? Just wondering why they sent you a summons and you haven't gone to court..karen

Guest · Posted: Tue Nov 27, 2007 9:13 am

i'll check when I get home...but, i think we didn't go to court because we set up the payment plan $100 a month before the court date

Posted: Tue Nov 27, 2007 9:21 am

oh, ok!! Just wanted to make sure you didn't forget to respond to a summons!!..karen

hockeyman · Posted: Tue Nov 27, 2007 8:09 pm

It sounds like the attorney is now going after fees that would normally be apportioned to him as a result of the suit. Checks your states codes of civil procedure regarding fees being considered debt, as this may actually be included in your debt per statutory regulations.

Lawsuits are commences with the purchase of an index number/docket number and filing of a summons and compliant/notice to appear; not court.

I would attempt to contact the Plaintiff's Counsel and explain that you had made payments on the account and to please check with their clients. I would further request a release signed by the client as well as a stipulation of settlement/discontinuance with prejudice and without costs if possible. You may be able to get out of this quicker, as some of these mills an attorney would not even see these docs.

Posted: Wed Nov 28, 2007 9:40 am

Never ignore a Summons or an Arbitration Claim. A consumer who does not provide a timely Answer to the matter does so at great peril.

Generally, an attorney may plead and ask for attorney's fees when engaging in consumer debt litigation (including filing a law suit) if, and only if, the original agreement provides for attorney's fees (and costs) as a recourse of collecting on the debt; or if otherwise permitted by law.

A debt collector (including a debt collection law firm) must honor communication requests issued by debtor lest it be held liable for FDCPA violations. A consumer my choose the medium in which to communicate.

There is a one year statute of limitations to bring a FDCPA law suit or a consumer will be forever barred from doing so. Where FDCPA violations occur both before and after the SOL, a consumer can sue for the more recent violations.

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