Debt Collection
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If you received a letter from a collection attorney and you start paying them can they still put a judgment on you?

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Wiki User
2006-07-07 12:50:09

Not if you both agree to a payment deal. Make sure it's in

writing. Also, don't be taken aback by the supposed power of a

collection attorney. In all liklihood, he's nothing but another

bill collector who bought your debt from the original lending

company and is trying to get whatever he can from you. Rarely are

judgments sought and granted. Don't let him intimidate you and know

your rights. * A collection agency or agent cannot represent

themselves as an attorney. It not only violates the FDCPA it is

also a criminal offense. The debtor should NEVER agree to any terms

without, as noted, their being in written form. Insist that the

collection representative send written confirmation of the debt on

the legal stationary of the firm or private counsel. In addition be

aware that one of the largest collection attorney firms,

Mann-Bracken has been licensed to arbitrate rather than using

regular legal process. The rules and enforcement of arbitration

awards as with any litigation should be discussed with qualified

legal counsel before the debtor agrees to any terms whatsoever. In

my experience lawsuits are not uncommon either by original

creditors or 3rd party account holders. Capital One has contracted

with an independent firm (Mann-Bracken) and has been very

successful in litigation, so they are a card issuer that one should

use caution when dealing with.

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