HeartRN Posted March 4, 2005 Report Share Posted March 4, 2005 Has anyone else had this show up on the back of a CA letter?"Important Notices:This law firm employs collection associates and staff who are not attorneys to mail certain letters and assist our attorney in collecting accounts. The name of our attorney appears on the reverse side of this letter.Most of the letters we mail you are generated by a computerized process following a review by our collection associates of computerized data reflecting the status of your account. This data is provided to us by our client and includes items such as your name, account number, account status and alleged debt balance. This computerized process was designed by our attorney in order to determine the appropriateness of mailing the letter(s) to you. Whether the attorney signed or sent the letter(s) or if signed or sent by a non-attorney, the review of the computerized data, based upon the computerized process, was made by our law firm.We rely on our client for the accuracy of their computerized data regarding your account. After years of representing our client, we have found their computer data regarding accounts like yours to have a high degree of accuracy. Based on that reliance and the historical accuracy of our client's computer data, little, if any, review of your account was made by our law firm before we mailed you our first letter.Our attorney is licensed to practice law or commence lawsuits only in Louisiana. In the event we recommend to our client that a lawsuit should be commenced in a state where our law firm is not licensed to do so, our client and we, upon deciding to initiate such a lawsuit, will do so only through a law firm licensed in your state. The fact our law firm recommends a suit be commenced does not necessarily mean our client or the attorney to whom the account is referred will accept our recommendation to initiate suit. ......."(and it goes on about lawsuits...blah, blah, blah)I thought an attorney had to review your file if they were trying to collect a debt?? Sheesh, at least once if he's signing (or stamping) his name on all these letters. Apparently this attorney has created a "computerized process" that is devoid of data entry errors!! Link to comment Share on other sites More sharing options...
divemedic Posted March 5, 2005 Report Share Posted March 5, 2005 It is an attempt by this lawyer to dodge that law. Link to comment Share on other sites More sharing options...
Broke Chick Posted March 5, 2005 Report Share Posted March 5, 2005 Has anyone else had this show up on the back of a CA letter?"Important Notices:This law firm employs collection associates and staff who are not attorneys to mail certain letters and assist our attorney in collecting accounts. The name of our attorney appears on the reverse side of this letter.That's OK. Most of the letters we mail you are generated by a computerized process following a review by our collection associates of computerized data reflecting the status of your account. "Review by a collection associate" (non-attorney) is insufficient; an attorney must review the information!Also, the information provided may not be sufficient for a proper professional decision as to any action to be taken on an account. This data is provided to us by our client and includes items such as your name, account number, account status and alleged debt balance. This computerized process was designed by our attorney in order to determine the appropriateness of mailing the letter(s) to you. Whether the attorney signed or sent the letter(s) or if signed or sent by a non-attorney, the review of the computerized data, based upon the computerized process, was made by our law firm. Again, an ATTORNEY must review the information. The info. the creditor provides must include sufficient data to allow the attorney to make a professional decision. It appears here, if any attorney review is done, it is more of a "proofreading" than anything else! We rely on our client for the accuracy of their computerized data regarding your account. After years of representing our client, we have found their computer data regarding accounts like yours to have a high degree of accuracy.Are they really so sure of that they'd WANT to stake their reputation--and law license--on that? The law says that they cannot rely on the OC's word if they want to "cover their a$$e$!!! Based on that reliance and the historical accuracy of our client's computer data, little, if any, review of your account was made by our law firm before we mailed you our first letter.By whom?? An attorney? Or a $7.50/hr. bill collector? (Oh, excuse me, legal associate!) Our attorney is licensed to practice law or commence lawsuits only in Louisiana. In the event we recommend to our client that a lawsuit should be commenced in a state where our law firm is not licensed to do so, our client and we, upon deciding to initiate such a lawsuit, will do so only through a law firm licensed in your state. The fact our law firm recommends a suit be commenced does not necessarily mean our client or the attorney to whom the account is referred will accept our recommendation to initiate suit.In other words, we MAY sue you...or we may not! Neither may anyone else!! ......."(and it goes on about lawsuits...blah, blah, blah)I thought an attorney had to review your file if they were trying to collect a debt?? Sheesh, at least once if he's signing (or stamping) his name on all these letters. Apparently this attorney has created a "computerized process" that is devoid of data entry errors!! Rather sure of themselves, ain't they? There was a case of an attorney who did flat-rating for creditors, includng Household Bank, who was raked over the coals for doing a similar thing in his practice. I'll try to find a link to the case and post it here--I can't find it in my files! Link to comment Share on other sites More sharing options...
Broke Chick Posted March 5, 2005 Report Share Posted March 5, 2005 The case I'm referring to is: Ann L. Nielsen v. David D. Dickerson, et. al., which was decided in the U.S. Court of Appeals (7th Circuit, Northern District of IL, Eastern Division) decided 10/9/2002 (case nos. 00-2780, 00-2781). I'll keep searching for a link to the case. I can't find it here, and it is not on my copy.(Can anyone help me?? ) Link to comment Share on other sites More sharing options...
HeartRN Posted March 5, 2005 Author Report Share Posted March 5, 2005 Thanks! I'll search for it too when I finish up with my present search mission. I appreciate the help. Link to comment Share on other sites More sharing options...
HeartRN Posted March 5, 2005 Author Report Share Posted March 5, 2005 The case I'm referring to is: Ann L. Nielsen v. David D. Dickerson, et. al., which was decided in the U.S. Court of Appeals (7th Circuit, Northern District of IL, Eastern Division) decided 10/9/2002 (case nos. 00-2780, 00-2781).I found it, but I'm still reading it. http://www.edcombs.com/CM/Opinions/United%20States%20Court%20of%20Appeals.pdf I thought this was interesting, considering what's on the back of my letter...United States Court of Appeals,Seventh Circuit.Ann L. NIELSEN, Plaintiff-Appellee,v.David D. DICKERSON, et al., Defendants-Appellants.No. 00-2780, 00-2781.ARGUED Feb. 12, 2001.DECIDED Oct. 9, 2002.As we recognized in Avila, a debt collection letter that is issued onan attorney's letterhead and over his signature conveys thenotion that the attorney has "directly controlled or supervised theprocess through which the letter was sent"--i.e., that he hasassessed the validity of the debt, is prepared to take legal action tocollect on that debt, and has, accordingly, decided that aletter should be sent to the debtor conveying that message. 84 F.3d at229. "The attorney letter implies that the attorney hasreached a considered, professional judgment that the debtor isdelinquent and is a candidate for legal action." Id. It is thisimplicit message that "get the debtor's knees knocking" and makesthe attorney letter a particularly effective method of debtcollection. Id. If, however, the letter to the debtor is not theproduct of the attorney's professional judgment--if he has notindependently determined that the debt is ripe for legal action byreviewing the debtor's file, for example; if he has notexercised discretion in deciding whether and when the letter should besent to a given debtor; if he does not see the individualletter before it is sent--then the letter is misleading. Id. at 228-29.Attorney letters prepared en masse are frequently false forwant of such judgment. Id. at 229. In order to avoid that falsehood,the attorney must have genuine involvement in the processthrough which the letter was sent to the debtor. Id.f a debt collector (attorney or otherwise) wants to take advantageof the special connotation of the word "attorney" in theminds of delinquent consumer debtors to better effect collection ofthe debt, the debt collector should at the least ensure thatan attorney has become professionally involved in the debtor's file.Any other result would sanction the wholesale licensing of anattorney's name for commercial purposes, in derogation of professionalstandards .... Link to comment Share on other sites More sharing options...
Corrine Posted March 5, 2005 Report Share Posted March 5, 2005 http://www.edcombs.com/CM/Opinions/opinions58.aspLeave it to Van Ru. Those are the jerks telling me that I am somehow not able to comprehend that "The account will be settlement in full..." doesn't really mean the account is settled. Link to comment Share on other sites More sharing options...
KentWA Posted March 5, 2005 Report Share Posted March 5, 2005 Sounds to me like the notice on the back of the letter is a full admission of their guilt. That would likely be proof enough to warrent Summary Judgement. Link to comment Share on other sites More sharing options...
c m chase Posted March 5, 2005 Report Share Posted March 5, 2005 This post just gave me another boost toward my settlement with a lawyer. I'd kind of pushed this one issue to the side, but this posted case is quite insipiring. I'm using it for another $1,000 or so.Thanks! Link to comment Share on other sites More sharing options...
HeartRN Posted March 5, 2005 Author Report Share Posted March 5, 2005 Do I get any extra points here for the "inspiration?" Link to comment Share on other sites More sharing options...
c m chase Posted March 5, 2005 Report Share Posted March 5, 2005 Of course!! If you're in Tulsa anytime, give me a jingle and I'll take you out to dinner. Link to comment Share on other sites More sharing options...
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