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Attorney Fees

Date: Mon, 11/26/2007 - 17:07

Submitted by anonymous
on Mon, 11/26/2007 - 17:07

Posts: 202330 Credits: [Donate]

Total Replies: 14


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.


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.


lrhall41

Submitted by on Mon, 11/26/2007 - 18:30

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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.


lrhall41

Submitted by on Tue, 11/27/2007 - 06:44

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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.


lrhall41

Submitted by on Tue, 11/27/2007 - 19:09

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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.


lrhall41

Submitted by JAM on Wed, 11/28/2007 - 08:40

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