Being sued by a creditor

A potential client called today, and complained that he had hired a lawyer to do some work for him, and that the lawyer was now suing him for his fees.

He complained, not because the attorney was suing for his fees (there are some lawyers who do this, even though this is discouraged),  but because the lawyer had not played fair in suing him.  Apparently, the lawyer had sued, and then sued again, and the potential had not gotten served properly, but the lawyer had taken judgment against him.  The potential was very upset, and contacted the lawyer, and made payment arrangements, and made some of the payments.  Then he checked his credit report, and discovered that the lawyer had gotten a judgment, and the judgment was on his credit report.  So he called, and communicated with the lawyer, and the lawyer had stated he would take care of it.  Then it appears, he marked the judgment satisfied.  But the client was unhappy, and he refused to pay any more.  So the lawyer sued again.

I turned this case down. The lawyer was collecting a debt owed to him.  One of the important features of the Fair Debt Collection Practices Act is that it only covers third party collectors.  That means that although lawyers are covered when they are collecting money owed to someone else, if the money is originally owed to them (for example for fees earned), they are not debt collectors, and not subject to the act.

Remember, if you are being harassed by a debt collector, you need to know your rights. But remember that they have very powerful options, too.  Virginia has very limited consumer rights.  Most of the rights are given to creditors.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

 

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

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Krumbein Consumer Legal Services, Inc.

5310 Markel Rd.

Suite 102

Richmond, VA 23230