''Trusting' Attorneys
Date: Wed, 01/12/2011 - 06:15
Since I've learned so much from this group, I thought I'd share/remind everyone of a good lesson when dealing with attorneys - don't trust them.
One of my credit cards is American Express (owe about $20k). After unsuccessfully trying to work out a deal that was doable for both of us (I'm doing debt settlement on my own), American express sent the debt to one of their local attorneys, who served me a summons for repayment. Instead of hiring an attorney, I decided to file the ANSWER by myself (again, using a lot of great resources to draft an anwer to the complaint).
I had until January 18 to file the answer in the court and send a copy to the attorney. I filed the paperwork in the courthouse yesterday morning (January 11) and contacted the attorney to notify them of the filing and let them know that I would be mailing the answer to them. Unfortunately we're getting a pretty bad snowstorm on the east coast this week so I didn't want to miss the deadline of the attorney getting it by Monday (even though the court already had it) by sending it via regular mail.
I called the attorney's office and got the guy on the phone. After explaining the situation to him, his first response to me was "you're too late, the answer was due a month ago, don't bother sending it in now". After politely telling him to look at his screen and to confirm his dates, he said "oh, yeah, well someone must have changed it" which is a joke because they sent the summons, not me. Then while discussing the weather, he said 'i'll note your account so it's not a late response if you postmark the letter today and we don't get it by Monday'. When I asked him to confirm that in writing, he seemed a little disturbed by the simple request and told me in a rather rude fashion to send him and email with the discussion and that he'd respond with an approval. I sent him the email. Amazingly, I never got a response from the guy ;)
Just to pi** him off, I spent the extra $4 to send it both regular 1st class mail as well as priority USPS mail with delivery confirmation/signature. That way he can't say he never received it and try to go after a default judgement (which he wouldn't be able to now anyways).
I bet he's one of those attorney's who just goes after the default judgement to garnish wages/bank accounts. I got the feeling he was just hoping for me not to file an answer and I wonder, just wonder, if he told me that I was already too late to file the answer because he was hoping I'd fall for it and let it go and then he'd go for the default judgement.
Just remember, if they say something, get it in writing, and if they don't put it in writing, DON'T BELIEVE THEM! Also, and this is just my opinion and not any legal advice, if you get a summons, answer it. The attorneys are just waiting for you not to answer the complain so they can pursue a default judgement and then you're at their mercy (which I doubt they have any of).
Good luck!
One of my credit cards is American Express (owe about $20k). After unsuccessfully trying to work out a deal that was doable for both of us (I'm doing debt settlement on my own), American express sent the debt to one of their local attorneys, who served me a summons for repayment. Instead of hiring an attorney, I decided to file the ANSWER by myself (again, using a lot of great resources to draft an anwer to the complaint).
I had until January 18 to file the answer in the court and send a copy to the attorney. I filed the paperwork in the courthouse yesterday morning (January 11) and contacted the attorney to notify them of the filing and let them know that I would be mailing the answer to them. Unfortunately we're getting a pretty bad snowstorm on the east coast this week so I didn't want to miss the deadline of the attorney getting it by Monday (even though the court already had it) by sending it via regular mail.
I called the attorney's office and got the guy on the phone. After explaining the situation to him, his first response to me was "you're too late, the answer was due a month ago, don't bother sending it in now". After politely telling him to look at his screen and to confirm his dates, he said "oh, yeah, well someone must have changed it" which is a joke because they sent the summons, not me. Then while discussing the weather, he said 'i'll note your account so it's not a late response if you postmark the letter today and we don't get it by Monday'. When I asked him to confirm that in writing, he seemed a little disturbed by the simple request and told me in a rather rude fashion to send him and email with the discussion and that he'd respond with an approval. I sent him the email. Amazingly, I never got a response from the guy ;)
Just to pi** him off, I spent the extra $4 to send it both regular 1st class mail as well as priority USPS mail with delivery confirmation/signature. That way he can't say he never received it and try to go after a default judgement (which he wouldn't be able to now anyways).
I bet he's one of those attorney's who just goes after the default judgement to garnish wages/bank accounts. I got the feeling he was just hoping for me not to file an answer and I wonder, just wonder, if he told me that I was already too late to file the answer because he was hoping I'd fall for it and let it go and then he'd go for the default judgement.
Just remember, if they say something, get it in writing, and if they don't put it in writing, DON'T BELIEVE THEM! Also, and this is just my opinion and not any legal advice, if you get a summons, answer it. The attorneys are just waiting for you not to answer the complain so they can pursue a default judgement and then you're at their mercy (which I doubt they have any of).
Good luck!
well you are right as far as collection attorney's go.in my opin
well you are right as far as collection attorney's go.in my opinion they will lie,cheat,and manipulate to get that judgement against you.however not all attorney's are bad and they do help in other areas.like business,family,tax,real estate law.again i wouldn't trust an attorney for a creditor as far as i can kick them,but not all lawyers are bad.
True, you're right, I should have clarified - not all attorney's
True, you're right, I should have clarified - not all attorney's are bad (there's even one in my family), just the ones representing creditors....
Oh and by the way, 24 hours later and I still haven't received t
Oh and by the way, 24 hours later and I still haven't received the 'approval' email from them...
Good thing I didn't listen to them, I'd be scr**ed........