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Does DV work with attorneys as well as CAs?


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I have a couple of accounts being handled by attorneys. I have letters from both attorneys with standard "if you don't challenge the validity of the debt within 30 days blah blah blah" language. One is very close to 30 days so I want to know: has anyone successfully used DV against an attorney, or is this a tactic only useful against CAs? My guess is the latter, if only because attorneys keep good records and generally know what they're doing.

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My guess is the latter, if only because attorneys keep good records and generally know what they're doing.

Nothing could be further from the truth.

Attorneys who are in the business to collect debts are debt collectors and must abide by the FDCPA. If anything is a tactic, it's OC's using CA's (who happen to be attorneys) to collect on their debts. The assumption is that a fancy name will intimidate the debtor into paying.

DV them just as you would a 'standard' CA.

As a general rule, OC's will simply file suit against you - they won't contract the help of a law firm / CA to write intimidating letters and engage in collection rhetoric.

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It just helps them get better prepared to sue you, though.

That's the problem with poker - you don't know what they're holding in their hand.

Some OC's use these law firm / CA's to scare you into paying - they (the OC) really have no intention of suing you, or the attorney / CA refuses to 'take the case' - they'll just 'see what happens'. This is evident by these firms returning collections to the OC after being DV'd, or the attorney / CA sending you multiple "last chance" threat letters - they've just possibly cost themselves the amount they're attempting to collect by violating the FDCPA.

This I have seen first hand - an attorney / CA stating they are filing suit, and then do it again in a second letter, thereby making the first letter a "threat of action they never intended on following through with".

I concur though - these situations have to be handled 'delicately'.

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