Yesterday’s call:

My client got a letter from a lawyer who offers to represent her and is giving her an advance “courtesy” warning that she is about to be sued. These lawyers peruse public records and in the hopes of getting new clients. And this client had not been served!

So she is all panicky about being sued, but couldn’t tell me much because she had yet to receive the complaint. I actually spent 45 minutes explaining the whole procedure to her, what course of action she should take (in this case, call the court house and see if the case number she was given is valid and if the case is even filed!). If it has been filed – then she needs to get a copy of the complaint.

She kept asking me what would happen – but it’s tough to tell unless she gets the complaint to see a) what kind of evidence they have and b) what they are claiming. It could be pretty easy to fight this off. Most people just panic when they hear lawsuits – but really most collection agencies don’t have anything. And since she didn’t have a copy of the complaint I couldn’t tell who was suing her, the original creditor or a collection agency. It’s a whole different ball of wax if the Original Creditor (OC) is suing – they are more likely to have good evidence.

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