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Posted: Thu Apr 13, 2006 12:43 pm Subject: dealing with a local "law firm" now

I've got a new problem with a local "law firm" calling and I know they're a collection agency.

An old credit card, with a balance of just under $600 that I closed but kept on forgetting to pay on it each month, was sent to a local company called Silverman Law Firm. At first, their calls were friendly, guy said "yeah it's such a low balance, I wouldn't worry about it too much but just pay it when you can."

Now, I got a NASTY call from a different phone number, a toll free number as opposed to the local number here in Denver, and she kept on threatening law suit for me not paying it in full, said time is running out and basically ran her mouth and basically did everything but hurl insults. She even threatened a law suit on me and said I would be seeing a judge very soon. I know that's not legal.

I do plan on paying off this account when I can but what can I do with these people now that they've turned nasty?

Posted: Thu Apr 13, 2006 1:12 pm Subject:

You can file complaint against them if they fail to meet the standards of collection procedures set by FTC. You can record the conversation and use it as evidence. Check your state law regarding conversation recording. If it allows one-party consent, go and get them, otherwise you have to declare that the conversation is going to be recorded.

You can record the conversation using the service developed by this site too.

http://www.debtconsolidationcare.com/phone/index.html

BTW, if you find the amount to be high to pay in one installment, negotiate with them and offer a payment plan.

Posted: Thu Apr 13, 2006 1:40 pm Subject:

additionally file a complaint with your state ag. Also the next time they threaten a lawsuit ask to speak to the attorney handling your case.. when they stall, you will know they are lying and you will have cught them behaving illegally.

mwtx · Posted: Thu Apr 13, 2006 10:15 pm Subject:

You said "old credit card debt", have you checked to see if maybe it is out of the SOL in your state?

Posted: Fri Apr 14, 2006 11:11 am Subject: Don't forget the ABA and State Bar

Please -- do not forget to file with the ABA and that lawyer's State Bar...they do not play nice with you, so do not show them any mercy. Twisted Evil

Posted: Tue Apr 25, 2006 9:00 pm Subject:

Ok so these guys mean business. I just received some court documents earlier tonight, via a courier, saying for me to appear next month in court. Thing is, there is no case number and these idiots know that I am working with them.

I will be calling this collection company/law firm tomorrow to really work something out but since there is no case number and nothing "official" from the county, are these legit?

Also, I am on vacation in that so called "court date" so they're SOL there.

Any ideas on how to handle this besides calling them to set up payment arrangements?

Guest · Posted: Tue Apr 25, 2006 9:03 pm Subject:

If it is an actual legit court date, do not go on vacation and miss the court date, unless you don't care. If you do not appear in court, they will win a default judgement against you. If you set up arrangements with them, make sure you get everything in writing, and that they still do not expect you in court. You can contact your local courthouse or county clerk to see if the papers are legit.

Posted: Tue Apr 25, 2006 9:08 pm Subject:

well I'm going on vacation, regardless. I need this and everything is completely booked.

These papers look so generic, almost like a Word template. I could do something like this!

As I said, I'm calling the collection company tomorrow to work something out again.

Guest · Posted: Tue Apr 25, 2006 9:10 pm Subject:

I would not let them know you are going on vacation...they can use that against you in court, then the judge will really show no mercy. CA's will use anything against you, the fact that you can afford a cell phone, cable tv, vacation, etc...it all looks bad in court when you are not using that money to pay them. Just an FYI.

Posted: Wed Apr 26, 2006 2:28 pm Subject:

Hi d-townmike

The guest has given a very natural way of handling this situation.

A copy of this court paper will be available with your local county if it is a genuine one. Check with them or if you can ask someone to look it for you. In any case, if the court papers are genuine, you must plan your return.

Posted: Wed Apr 26, 2006 3:09 pm Subject:

shouldn't the papers have been served by someone? As john suggested, I would call your local clerk of court to make sure they are an actual summons.

Posted: Wed Apr 26, 2006 3:15 pm Subject:

Legal proceedings require someone from the court to come and serve the papers. It can also come in the mail but the most important part is that the records should be available with the local county.

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