Need help-CA and attorney
Date: Fri, 08/06/2010 - 10:42
We have a FIA acct that got charged off (we just didn't have the funds at the time to settle). FIA let us know that it would go to a CA or an attorney. A week or so later they did tell us it went to a CA-can't remember the name, my husband spoke to them but I want to say CRC or something. Anyway, an attorneys office called today (Kam Bece's office) and said the CA hired them to settle the account.
1. Is it typical for a CA to hire an attorney? And if so, why, why don't they settle it themselves?
2. Is there anything I should ask the attorney to make sure they really do have our acct (I am sure they do because they had the info but I thought I remember reading I should verify or something?).
3. They gave us an offer that wasn't that great. The balance is 7336.37 and they are asking for a lump sum of $2900 or $3600 total with $2000 down and the rest broken up over 4 payments. Will an attorney actually negotiate or is this it? My husband seems to think an attorney shouldn't negotiate.
4. If we don't take this settlement today now that it is at an attorney's will they accelerate it and if so what will happen?
Thanks!!
Most collection attorneys work the same way as collection agenci
Most collection attorneys work the same way as collection agencies. The calls you get are almost never be by an actual attorney but from a collection agent hired by the attorney to make outbound calls like any other collection agency.
Make sure that the attorneys' office is in your state. If it's not, then the attorney can't sue you for the debt. But if they're legal, they can sue you for not paying the debt.
The best you can do is to contact the attorney and explain your financial situation. Although you'll have less leverage than while you negotiate with the CA, but there are instances where consumers have settled for 50-70%. The key is in proper communication with the attorney.
But, as you said, you don't have the funds, you can convince the 1 to take monthly payments of the settled amount in exchange for holding off on any legal action.
We can get the funds now, we didn't have the funds at the time w
We can get the funds now, we didn't have the funds at the time when it was with FIA
So from what I am seeing so far this attorney (cambece law firm)
So from what I am seeing so far this attorney (cambece law firm) is in MA and I am in AZ. So what does this mean? Does this mean they can't sue us? But they can still collect?
How long do attorneys typically "negotiate" before accelerating? Or do they not negotiate?
They cannot sue if not licensed in your state. They can continue
They cannot sue if not licensed in your state. They can continue to collect.
You can call FIA and ask if they assigned to CA. If you have the funds you could ask FIA to negotiate settlement.