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Posted: Tue May 22, 2007 1:33 pm Subject: Mean Lawyer

I have this really mean lawyer calling me for a $410.00 past due medical bill. He won't even work with payments. He told me that tomorrow he was going to bring this to court and order a judgement on this. Can he do this?

Please help!!!

Posted: Tue May 22, 2007 1:41 pm Subject:

Can you give us some more information? First off, how late is the bill? And second, do you know that he's really a lawyer? Anyone can say they're anything on the phone; doesn't mean they are one, know what I mean? Do you agree that you owe the bill?
If he does try and file in court, the court process takes a long time, so chances are you could have it paid off by the time it's heard in court. I would get an address and start sending payments if you agree you owe the debt.

Posted: Tue May 22, 2007 1:44 pm Subject: Mean Lawyer

This was my husband's debt. We do owe it. How can I send payments if the lawyer won't take any? Any advice would help.

Posted: Tue May 22, 2007 1:46 pm Subject:

Question: is this lawyer working for a collector or the hospital? I would even call the hospital's business office directly and work out payments with them. They are usually pretty willing to deal. Screw the third party collector. Put it this way, if you go to the hospital wanting to give them money, they're not going to say no!

Posted: Tue May 22, 2007 1:48 pm Subject: Mean Lawyer

It's actually through a Orthopedic Doctor's office, do I call the Doctor's office directly?

Posted: Tue May 22, 2007 1:51 pm Subject:

I would. I would even drop by there with checkbook in hand to make a partial payment! Why would they not take a payment, that's nuts!

Posted: Tue May 22, 2007 1:52 pm Subject:

If it did come to court, I would be sure and tell the judge if you called the creditor directly and they wouldn't take a payment. It shows good faith on your part and shows how unreasonable they're being.

Posted: Tue May 22, 2007 1:53 pm Subject: Mean Lawyer

I called today and asked if I could make payment arrangements and he said his client wouldn't take payment arrangements.

Posted: Tue May 22, 2007 1:55 pm Subject:

I'd call the Doc's office directly--or even send them a payment. If they cash it, they accept them!!

Posted: Tue May 22, 2007 1:56 pm Subject:

How late is this payment?

Posted: Tue May 22, 2007 1:57 pm Subject:

The payment's really late 2/06.

Posted: Tue May 22, 2007 2:00 pm Subject:

OK, so it is late enough for court to be a real threat. However, like I said, due to the size of the debt, it's probably headed for small claims, if that. And as we all know, small claims courts are backed up all across the USA. I would start paying whatever you can afford on this debt now. If you can swing it, I would also try and get my own attorney, who could possibly work out a settlement with lawyer from hell.

Posted: Tue May 22, 2007 2:02 pm Subject:

I'm going to try the Doctor's office first. This is way my husband is not in charge of the finances anymore!!!! Wish me luck, thanks for all the great advice!!!

Posted: Tue May 22, 2007 2:05 pm Subject:

Good luck!! Also thought of another point. I would also ask your HMO if they have any plans or programs for people who are out of work, etc. Don't know if this is your situation, but if your husband had to file disability while he was recuperating from surgery, it might be worth a try. All they can say is no, right? Let us know what happens!

Posted: Tue May 22, 2007 2:41 pm Subject:

ok, first of all, there is no way physically possible for him to bring a suit against you tomorrow.

1--filing in court takes time, it cannot be done and scheduled that quickly. Even if you go tomorrow to file a suit, it will most definitely not be scheduled that fast. By the way, he just violated a portion of the FDCPA--the law prohibits any debt collector from threatening to take action that they cannot take, or that they do not have genuine intention of doing. Since he knows that he cannot actually do all of that "tomorrow", then the law applies. This was just a scare tactic, designed to make you cough up the whole amount without asking any questions or taking up any more of his time than necessary. Dont fall for it.

2--He cannot go file tomorrow, because then he would be violating federal law again. The law requires any debt collector to notify you within 5 days of initial contact of your right to dispute the debt. It sounds like this is the first dealing you have had with this particular collector, am I right? If thats the case, then play hardball back. Inform this "lawyer" that he violated the FDCPA by now sending you the required written notice that informs you of your rights.

I would immediately send off a validation letter, as well as a cease and desist demand, to this lawyer. You may also consider posting the name and contact info of this lawyer here--if the guy is bogus, someone here may have dealt with them and found this out--and that is yet another violation of federal law if he really isnt a lawyer. And I am beginning to suspect that he is not a lawyer--he is breaking too many portions of the law that any lawyer would know like the back of his hand. Seems too clueless to me, honestly.....be sure to send those letters out certified mail, RRR, so you will have a record of when they are received. Please do consider posting that info up, and keep us informed. hope this helps, and good luck

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