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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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βˆ™ 2006-07-07 12:50:09

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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.

2006-07-07 12:50:09
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