Lawyer Trouble

[Swole_2112]

A couple of years ago, I had a VISA Gold account with a bank. I missed to many payments and they gave the account to a lawyer for collection. Not having much experience with lawyers, I agreed to make payments of $150/mo towards a $6,000+ debt. That was about a year and a half ago. For a couple of months, my fiancee' and I went through a bad time, and I missed two payments. At the end of that time, I received a letter from him stating that if I didn't send him a check for $300 in a week that he would "Refer the matter to counsel in my state of residence for further action."

Well, that's pretty much it. I don't know, exactly, how to handle this. All I know for sure is that I don't have $300 to send him. Hell, I don't even have $100 to send him. Due to my financial situation, I would only be able to pay him about $75/mo.

So, I need some advice. What do you all think? Info much appreciated.

 

[75th]

A couple of years ago, I had a VISA Gold account with a bank. I missed to many payments and they gave the account to a lawyer for collection. Not having much experience with lawyers, I agreed to make payments of $150/mo towards a $6,000+ debt. That was about a year and a half ago. For a couple of months, my fiancee' and I went through a bad time, and I missed two payments. At the end of that time, I received a letter from him stating that if I didn't send him a check for $300 in a week that he would "Refer the matter to counsel in my state of residence for further action."

Well, that's pretty much it. I don't know, exactly, how to handle this. All I know for sure is that I don't have $300 to send him. Hell, I don't even have $100 to send him. Due to my financial situation, I would only be able to pay him about $75/mo.

So, I need some advice. What do you all think? Info much appreciated.

Talk to him. His job is to make sure you pay...if you contact him and explain the situation he does have the authority to cut you some slack.

Offer to send him a series of postdated checks if he gives you any shit, which chances are he wont. You have to understand, he is used to folks skipping out on their responsabilities, and so far he has no way to know that you are not one of those folks, hence the threatening letter.

The worst thing you could do is ignore him. Ask for some time and you shall receive.

 

[thelion2005]

You want to show "good faith" attempt to comply. Should there be further action before a Judge, this will be looked upon favorably.

This is easily done with a check of partial payment in a USPS registered letter.
In the letter make a brief statement about your changed financial condition.
State that you are making this partial payment to demonstrate "good faith".
State your intentions about future payments.

Be brief and state only facts. Make no promises.

Good luck.

 

[gotmilk]

Those "collection" lawyers still have to abide by the Fair Debt Collection Practices Act. I once was called because someone with a like name had an account in collections. I was threatened several times even though they had the wrong person.

You need to send him a letter by certified mail (with a tracking number) stating he is to cease and desist. He can try to sue you all he wants but it won't happen because it's too expensive, too time consuming, and a real bitch to get you into court.

If they keep threatening you after you mail a cease and desist, contact your State Bureau of Consumer Credit and tell them your cease and desist is being violated.

Unless...you reside in the same state the lawyer lives in. Then you are screwed.

You can find sample FDCPA cease and desist letters by doing a google search.

Next time, pay your bills. Delinquents like you are why interest rates suck so bad for people who do not pay in full or keep low balances.

L

 

[Swole_2112]

Thanks, guys. All this information and advice has been extremely helpful. If any of you out there have any further suggestions, I'm open to all of them. Thanks again.

 

[Razorguns]

Thanks, guys. All this information and advice has been extremely helpful. If any of you out there have any further suggestions, I'm open to all of them. Thanks again.

I wouldn't sweat it too much.

In October, it'll be nearly impossible to declare bankruptcy. And in exchange, from what i nkow of this law -- it'll also be difficult to sue borrowers in court. Kinda freeing up the government's hands in these matters.

$6,000 really isn't that much. How broke are you really??? No job?

 

[KBEKQT]

Agree with all above, but please be certain tha tyou do not have contact with the bozo unless it's in writing, always keep a paper trail, if he calls, don't answer or tell him to put it all in writing...