Legal Question in Credit and Debt Law in California

How to handle Atty Collector?

Have been paying credit card debt thru counseling agency. Creditor sold my acct to another company, recd letter from law office. Called and spoke with para-legal who said I needed to pay full amount of debt or have my wages garnished. Told her that I've been paying and need to do further research. When I called her back, she immediately asked for my banking info which I naively gave her. Told her that there would be no money in this acct unless my loan was approved to settle this debt. Loan was denied, communicated this to her, she mentioned settling for lower amt if settle within the month, and extend date of pre-auth pymt for 4 days. Tsfrd the acct to her mgr. He says that I made a settlement agreement that will expire by the end of the month. Nothing in writing. My counseling records show April payment recd by original creditor on day I called law office. I feel that the FDCPA was violated. Need advice. Please help..need to know what my options are to settle this as soon as I can and protect my checking acct from unauthorized transactions.


Asked on 4/21/03, 11:35 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: How to handle Atty Collector?

Thank you for your posted inquiry.

Only the creditor and you can agree to a settlement, and I'd recommend not to agree to anything you can't fulfill.

As far as your rights under the federal fair debt collection act, the Act does allow you to sue for any actual damages, and out of pocket losses, due to violations of the act. This is separate from the debt owed, but may give you some leverage if you actually begin a lawsuit against them.

I hope that this information helps, but if you have any other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected], anytime. I�m happy to help in any way that I can.

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Answered on 4/22/03, 2:18 pm


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