Legal Question in Credit and Debt Law in California
I had a repossession from ford motor credit , which turned into a judgement when the law office served a random person my summons. The law firm sent me two letters and never tried calling me. In march 2010 I called their office and told them I was unable to make arrangements at that time as I was unemployed. Three years later in April 2013 I received a letter from the same firm, I called and was told I can only speak with one person to set up arrangements and he isn't available. I left a message and never received a return call. I called back multiple times and the people I spoke with ensured that I will get a return call. I never received the call and assumed he didn't want to assist me in setting up payments. Two months later in June I received a garnishment order. I called the firm immediately, the representative I spoke with advised me I can settle or make payments, he said ford requires a down payment of $2000 and monthly payments of $200. I told the man I couldn't do the $2000 that ford is requiring. The man said to ask friends and family and call him on Monday. I stated I would like to speak with an attorney, the man said no one is avail and refused to let me speak with one. I hung up and called back, and was transferred to an attorney who advised me I have to pay $2000 down payment to stop garnishment. I told him I couldn't pay that amount. He asked if I could do $500, I said yes. The attorney said he has to get it approved. Two hours later he calls me, doesn't read me the mini Miranda and said my first payment will be $750, I said I was unable to do $750 as I told you I could do $500. He accepted the $500.
I requested all correspondence from this law firm, the attorney advised me the letters need to be pulled from storage. Two weeks later I received the correspondence. Which was two letters, collection letters advising there's a judgement against me and to call their office to set up arrangements to avoid a possible garnishment.
So my question is, can I sue their firm for lack of communication, unprofessionalism, and not attempting to collect a debt before pursuing the garnishment?
2 Answers from Attorneys
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