Stop Harrassment, Hire a Lawyer.
Date: Fri, 11/14/2008 - 12:31
This forum is full of advice for people to deal with collectors themselves, and even go to court without representation. That is a very risky thing to do and could cost you, the defendant, the amount of the debt plus legal fees and court costs. You can not go up against a professional by yourself and expect to win. Of all the people here that are giving legal advice, what percentage of them have actually succeeded themselves. I would guess less than 5 percent at best.
As my attorney put it, people do not contact an attorney because they do not realize that the prevailing party is entitled to recover legal fees. Why pay the other guys attorney when he could be paying yours. Hire a lawyer and get what is coming to you. Do not tolerate harassment. Aside from the FDCPA there are also state laws to protect you that are often more stringent than the Federal law. They often apply to original creditors also. Without an attorney you would never know. There are many attorneys that will take a case on contingency. No cost to you. Most collectors wil settle as the cost of doing business rather than risk losing in court and paying higher fees. Recording for evidence is not necessary as often stated here. If you get one collection call and refer them to an attorney you will never hear from them again and either will the attorney. Collectors want the easy money! Hire a lawyer. Don't wait until its too late and you have a judgement on your record that you do not deserve.
OK, but how do I find a lawyer that will help me fight creditors
OK, but how do I find a lawyer that will help me fight creditors? Most of the lawyers advocate BK, which is not an option for me. I'm even in a legal plan thru my employer that covers debt collection defense. I talked to a lawyer I had worked with 20 years ago and he blew me off and said call CCCS. I had already looked into them, not workable.
I then went to a legal plan network attorney who was either incompetent or a crook, or both.
I contacted a local NACA lawyer, and he won't help with fdcpa violations either.
Thanks, frogpatch, for the advice, and I agree with you. I am a
Thanks, frogpatch, for the advice, and I agree with you. I am a fairly new member to this site and all the info, while no substitute for hiring an attorney, has been a huge knowledge- gathering place. You know what they say...knowledge is power...and it's about time that the playing field is leveled so it's a more even fight against the predators. With all the knowledge that is collected and stored in the average layman's brain, it enables the debt collection victim, to at the very least, rid themselves of some of the fear that the 'intimidators' want to instill. The bottom line is, that, when armed with this knowledge, you can go to your attorney without feeling intimidated and know the right questions to ask, enabling you to work as a team. My own attorney knows about my situation, and while not real thrilled to take on a debt collection case, the fact that I know alot more now, creates a more professional working relationship with him. And I have this site to thank for that. Thanks to all who have answered my questions! Keep up the good work! :sun:
Where do you find a lawyer who will take your case on contingenc
Where do you find a lawyer who will take your case on contingency? Most of the contingency lawyers around my area are for personal injury/workmans comp cases.
Frogpatch, while living in Fla., I contacted several attorneys f
Frogpatch, while living in Fla., I contacted several attorneys for help, every one of them suggested that I go bankrupt. I now live in Ga. and the nearest NACA attorney is some 40 miles away. Most attorneys in this area of the state aren't interested in working on contingency.
Most lawyers won't do it on a contingency fee because they are t
Most lawyers won't do it on a contingency fee because they are too lazy to learn the law necessary to understand they can make the harassing debt collector pay the fee. Keep looking and call the local bar referral organization.
I'm one that finally hired a lawyer, and it was the best thing I
I'm one that finally hired a lawyer, and it was the best thing I ever did. The CA had the suit dismissed and we are now in negotiations for the Federal charges, already filed. They don't seem to want to go to court. :)
Once I got an attorney, it was like getting a new lease on life. Granted, I had to borrow the money, from a friend, for the attorney, but in my heart of hearts I know it was the right thing to do. It was literally consuming my entire life. NOT good!
IMO, save your sanity and find a friend that can help financially so you can hire an attorney. If you know you're right, your friend will get their money back.