Legal Question in Credit and Debt Law in California
sued by credit card company (2)
In follow up to my post yesterday.
I spoke to an attorney today.
He wanted to call the collection agency to try to settle.
He wanted to inform them over the phone that the acct # on the court complaint did not match the original credit card acct #.
Does that sound right?
Why would I offer to correct their mistakes and give them more info to use against me?
Anyone local to Huntington Beach with reasonable fees willing to discuss my options with me.
Just looking for an economical way to achieve the best possible solution keeping my best interests at heart.
Thanks
1 Answer from Attorneys
Re: sued by credit card company (2)
I wasn't there when you spoke to this attorney, but calling a collection agency over the phone is not something I would ever do. All interactions with CAs must be in writing and preferably certified mail RRR. And no settlement offer should be attempted until you are sure the lawsuit isn't outside the 4-year statute of limitations (measured from when your last payment was due). Without knowing more, I wonder if the attorney you consulted knows much about debt collection law.
I don't shamelessly solicit business here like some LawGuru attorneys, but this case is in my area of expertise and in my geographic area; and I do not charge for initial consultations. You do not have to drive to El Segundo to meet with me. Last credit card lawsuit I handled, the client paid me an extremely reasonable fee and I not only won the case, I collected my attorney fees from the bank.
I also have been known to sue debt collectors under the Fair Debt Collection Practices Act (FDCPA). Any attorney you consult regarding a debt collection matter should be quizzed about his or her knowledge of, and experience with, FDCPA.