Legal Question in Credit and Debt Law in California
Collector said he was an attorney, is just a collector, and more...
I owe approx. $900.00 on an old cell phone bill, which I do not dispute (there were lots of late and penalty fees, but I'm sure I owe them). Anyway an ''attorney'' who said he has been retained to handle this ''case'', and who specializes in legal cases like these, contacted me. I am insolvent, and could only pay about $60.00 per month. I made one payment. Long story short is: this person is not an attorney; I suspected this in our early conversations, and finally tape recorded out conversation. He continues to say he's an attorney. Isn't this a violation of the FDCPA? Misrepresentation? Can't I recover $1,000.00 plus reasonable attorney fees per violation? Does this count as multiple violations, or is it just one because it's the same one (even though it happened many times)? What should I do?
2 Answers from Attorneys
Re: Collector said he was an attorney, is just a collector, and more...
The facts as you represent them violate both the Federal Fair Debt Collection Act and the State Act. The collector and agency would be liable to you for damages under the acts. Our firm handles cases such as this and I will provide you with free consultation if you fax me any documentation you have and mail me a copy of the tape. My fax number is 714 363 0229. We handles cases throughout California.
Re: Collector said he was an attorney, is just a collector, and more...
Interesting. I have always thought of the FDCPA as applying to those collecting debts, not those negotiating debts--so I believe the FDCPA does not apply here. 1st, your recorded phone conversation--that's a misdemeanor. I wouldn't spread this info around. Second, it is also a crime for someone to engage in the unauthorized practice of law. So, you can turn the phony lawyer over to the cops--they will do their own investigation and prove he is practicing law w/o a license--so your tape won't be necessary anyway. Also, you can sue the phony lawyer in small claims court for fraud, breach of contract, etc. But then you may never collect any money. My suggestion to you is to have me or another lawyer write a stern demand letter to this person requesting money. When you think about it, what would you rather have, money or the phony put in jail?
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