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Advice for friend caving in to attorney debt collector


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Essentially, a friend was served by a scum bag debt collector, with a really low class Summons - no evidence attached, not clear whether collection agency or scum bag attorney was the plaintiff, and so on. She was going to answer the Summons, following the examples set on this website, and also saw an attorney. Her attorney said that basically she would lose the case, and suggested that she try to settle with collector. Rather than settling for pennies on the dollar, my understanding is that, over the phone no less, friend agreed to pay back the whole debt via payments, plus $900 in attorney fees (purported debt some $3 k). Apparently, collection people said that if she went to court, she would not only lose, but have even more attorney fees, and I think that is where she rolled over. Her own attorney more or less seconded what the collection agency claimed. Steam coming out of my ears!! I gave instructions not to pay a nickle without a written agreement. In the past, some payments 'may' have been made to this collector, but not directly, instead via a debt consolidation company - would that weaken her case sufficiently that perhaps her attorney gave correct advice? My question is: What would YOU do, if a dear friend was in such a position?

Edited by Happybluesky
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Sound like the first time I was served. Even went to see an lawyer. At least I got better advice than your friend. He advised trying to settle for 30% to 45%. But then by following the very good advice here, the jdbs have folded everytime.

Tell your friend. It is possible to win.

Do not sign an agreement. Answer the summons and go to court.

They have nothing to lose and everything to gain.

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Not knowing everything I'd tell your friend don't listen to her lawyer not all lawyers are familar with FDCPA laws and seek the avenue of least resistance. I would tell her to develop this doctrine "show me the evidence" . Show me a valid assignment, a signed contract and all of the billing statements from 0 to what is claimed to be owed. Don't talk on the phone with them only corespond in writing build a paper trail. And admit to nothing even if it is yours until you get concrete evidence only then should you even consider a deal and again remember no phone ALL IN WRITING. Be Blessed! S.A.:)++

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