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Can a law office call your work about lawsuit?


JessEA
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I have a question... a law office just called my husband's work and told the receptionist that if my husband didn't call them back, they would see him in court.

Please tell me this is illegal! He needs to call them back, but I want to know what the law is on that befoe he does so that he can use it against them, if needed.

Thanks

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he needs to see an attorney and file suit himself,,

I would assume they are an attorney collecting for a debt collector or a debt collector them self. I would have to say the latter because, and I hope, a licensed attorney would know better.

FDCPA: § 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Edited by BTO429
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I thought that they were allowed to call unless they were directed not to call again. I might be wrong but I thought that it was only a violation if they called after they were told not to.

Oh by the way Jess, that "law office" may very well be a JDB putting on the facade of being an actual law office. Don't be intimidated by the fact that they claim they are a law office. Plenty of good guidance and help here if they do sue you, but just because they call themselves a law office doesn't mean they are ready to sue, they do that to pressure people into making payments arrangements over the phone for a debt they probably can't prove you owe.

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I thought that they were allowed to call unless they were directed not to call again. I might be wrong but I thought that it was only a violation if they called after they were told not to.

Oh by the way Jess, that "law office" may very well be a JDB putting on the facade of being an actual law office. Don't be intimidated by the fact that they claim they are a law office. Plenty of good guidance and help here if they do sue you, but just because they call themselves a law office doesn't mean they are ready to sue, they do that to pressure people into making payments arrangements over the phone for a debt they probably can't prove you owe.

It's not the calling at work. It's the telling the receptionist that they were going to sue him.

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Yeah I suppose that would be ripe for a suit, if they are not talking to the person they are looking for absolutly nothing about the matter should be discussed with anyone else.

Looks like the just-out-of-jail low life they have conduct their business for them by phone could have just cost them some bucks. Gotta be able to prove it though.

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how would you prove it,,,hmmmm the fact that any reasonable person knows that employers do not like and some do not allow these kind of calls while you are working? common knowledge i would say. And i bet the 1000 bucks that the judge will agree.

You say in court ,,objection your honor, it is common knowledge and any reasonable person would know that employers do not allow these kind of calls while a person is at work. If they challenge you ask them Does your employer allow these kind of calls?

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Even if they get by the calling the employer thing, they still have the telling a 3rd party issue to deal with and with an affidavit from the receptionist stating what she was told (or even her on the witness stand), that will be a tough thing for them to get past.

My bets is that they write a check for $1000 just for telling the receptionist and the calling the employer thing will be a non-issue.

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  • 2 weeks later...

Thanks for all the replies!!

Here's my update:

He called them back that day (before I read the posts saying not to!). Some guy with a really thick, barely understandable accent told him that he was hired by some company named US FAST CASH, and he was supposed to read him an affidavit reagrding the charges this company was pressing against my husband...including theft! They said they deposited money ($500 I think it was) into our bank account, then tried to take it back and it was declined, so now they're suing him.

This is complete BS because one, we've never even heard of this place and two, I already checked back through 6 months of bank statements and there isn't a single transaction not accounted for.

The guy wouldn't give him any other information except to verify the email this company listed that they had for my husband (which sounds like a internet fraud thing to me). He said he was going to mail the documents to us, but it's been a week and we haven't received anything.

I could get the affidavit from the receptionist, but at this point, I don't have a clue who we'd be suing. All I have is a phone number and a random company name. I did find a company online with that name, and it's some kind of payday advance place, which we've never used.

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Oh by the way Jess, that "law office" may very well be a JDB putting on the facade of being an actual law office. Don't be intimidated by the fact that they claim they are a law office.

The fdcpa and several supreme court justices have said that even a lawyer that collects debts in the normal practice of a business day is still considred a debt collector.

If you want case law let me know

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Oh by the way Jess, that "law office" may very well be a JDB putting on the facade of being an actual law office. Don't be intimidated by the fact that they claim they are a law office.

The fdcpa and several supreme court justices have said that even a lawyer that collects debts in the normal practice of a business day is still considred a debt collector.

If you want case law let me know

Heintz v Jenkins.

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This is a check cashing operation. You need to resolve this, passing bad checks is criminal. I suggest you contact a consumer attorney and find out who did what. Call them back and get them to tell you all the detils. Record the phone call. (Radio Shack) tell them you're going to record unless CA law says you don't have to.

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You have the receptionist create an affidavit stating what was said on the phone call. There is your evidence.

Some courts won't allow an affidavit because it can not be cross examined. Better to have the receptionist appear as a wittiness. It would also come across better.

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Affidavits are nothing more than pure hearsay. You can not have someone write something on a piece of paper and then present that piece of paper and expect it to hold up on its own.. Why? because you can not cross examine a piece of paper, it can't answer questions. Once that paper is given to another party it becomes hearsay.

The name affidavit is Medieval Latin for he has declared upon oath.

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