Internet's first get-out-of-debt community - 136,000 members

Posted: Thu Oct 18, 2007 8:24 pm Subject: Why does no one here hire an attorney?

I left this forum for a long time due to frustration. Debt collection is an area where consumers need attorneys, especially when 1) you are dealing with a harassing debt collector, or 2) you are sued by a debt collector.

I often recommend consumers look for an attorney, but nobody seems to even notice my advice. Why is this?

Consumer attorneys will usually take fdcpa cases on contingency, which means little or no money up front from the client. There is really no reason not to hire an attorney if you are dealing with FDCPA violations.

If you are sued, especially by a debt buyer (probably 90% of the debts I read about here), you have a very good chance of winning the lawsuit and ending up not owing the debt. But the arguments to do so are sometimes subtle, and you need to put together proper legal pleadings and discovery requests in order to do so. But if you owe $5,000 and you pay an attorney $1,000 to win a lawsuit, you just saved $4,000!

So why oh why doesn't anyone use attorneys?

Posted: Thu Oct 18, 2007 8:39 pm Subject:

$1000 to win a lawsuit?? Where?? The one attorney my husband hired got just short of 40% on contingency. His settlement still covered the debt and then some but quite frankly, he did not do 40% worth of work.

I have sucessfully received several settlements with intent to sue letters...audio tapes really help. If the average individual has all their ducks in a row and proper evidence, who needs an attorney.

(Note that I am an former Canadian lawyer plus an ex-bill collector....so I do know all the tricks. However I know several individuals who have sucessfully gone after CA's after studying different credit boards and asking for advise.)

Posted: Thu Oct 18, 2007 8:42 pm Subject:

It sure would be nice if I actually HAD $1000....

Posted: Thu Oct 18, 2007 9:06 pm Subject:

Soaplady, if you were an attorney, it hardly counts. You can certainly represent yourself, even if you are not licensed in the U.S. You also seem like the exception on this form, however.

The $1,000 figure is for debt collection defense, not fdcpa lawsuits.

Posted: Thu Oct 18, 2007 9:31 pm Subject:

Likely for the same reason I can't...can't afford it. I live paycheck to paycheck and can't spare a grand. I have spoken to a few lawyers about LVNV for example as I got them on several violations, but no one was really interested. I am trying to feel out Texas lawyers because I rely heavily on the Texas codes and don't think an out of state lawyer would know the ins and outs of Texas laws.

Posted: Thu Oct 18, 2007 9:48 pm Subject:

No, but there are quite a few consumer lawyers in Texas. Remember that most lawyers have no idea what the fdcpa is about (to say nothing of state laws on debt collection). You need to find a consumer lawyer. Naca.net is the best place to start.

Posted: Thu Oct 18, 2007 9:51 pm Subject:

Would I need to find a lawyer near me? I looked where you suggested but see many many way off in like Houston and Dallas, I'm -far- from there. How does that work?

Posted: Fri Oct 19, 2007 2:59 am Subject: There Is Help Out There!

Definitely, try www.naca.net. I found several attorneys listed near me that deal with fdcpa cases; one was at my local Legal Aid's office. Legal Aid even represented me against two CA's trying to sue me. Free of charge.
The attorney I found to sue Legal Mediation Practice has taken the case on contingency and LMP is wanting to settle out of court. Go figure!
This forum, and all the information, has definitely educated me on the FDCPA and my rights. I don't think I could have stood up to the CA's if I had not found this site.

Posted: Fri Oct 19, 2007 4:19 am Subject:

Sam the main reason I have found for not hiring an attorney is either the attorneys near a person are weak on consumer law or they want a large amount up front. I sent a member to naca.net for a case involving cacv who had many violations and it went nowhere in a hurry.

Posted: Fri Oct 19, 2007 4:31 am Subject:

Not sure if Cajun is speaking about me but i also went to naca and found an atty who in turn refered me to another who in turn refered me to another! After much communication with all 3, i got NO where... SLOWLY back at square one after wasting a LOT of time. Sad

Then i spoke to the last atty about just settling this case for me... what he was offering was nothing more than i could do myself and save myself the over $500 he wanted to charge me to do it!! So I settled with them saving myself the 500 bux...
Trust me, I wanted an atty!
Sad

Ang

Posted: Fri Oct 19, 2007 4:37 am Subject:

Ang I was referring to you and it pi**es me off that you couldn't find a attorney for the huge violations you had on them dirtbags!

Posted: Fri Oct 19, 2007 4:38 am Subject:

I'm still thinking about it Cajun! Just not sure where to go from here and maybe Sam has some suggestions!
Very Happy

Ang

Guest · Posted: Fri Oct 19, 2007 5:26 am Subject:

Depending on what you signed to settle, you may not be able to sue. But if you have any options, using naca.net to find an attorney is the only way to find out what your options may be.

Posted: Fri Oct 19, 2007 5:28 am Subject:

I didn't sign anything to settle!! Just wired them the money after i got their settlement letter and it says nothing about not being able to sue!! All it says is if $XX paid by XX date then the judgement will be removed and any liens canceled.
That's it!
Ang

Posted: Fri Oct 19, 2007 7:30 am Subject: I Stand Corrected!

Ang!
My situation must have been an exception and not the rule. Sorry you got such a runaround when you were looking for legal help.

Posted: Fri Oct 19, 2007 7:34 am Subject:

I really do think ur the exception Ron! Even though we see it often on this site that u can sue for violations, it's VERY rare to see where anyone wins a suit for these violations. I've been here for a year and a half and have seen maybe 2 people that have actually sued... i think only one that won!
Sad

Ang

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