I recieved a phone call from a lawyer regading a past due daycare balance. I had agreed to make a $50 payment monthly. but before giving him the credit card information i want to make sure it was a real company. He began to get rude with me, so i asked to speak with someone else, and he said that was not going to happen because he was the manager. He continued to raise his voice. Then he procedeed to tell me that my payment plan was denied and he was going to sue me. I, unlike i should have done told him that i was going to sue him for harrasment, he said, ma'am you can't even spell the word harrasment." He put me in tears. I'm no longer in the same state that he is trying to sue me in.
Administrative Law Lawyer
The legal system does not and cannot provide a remedy for every rude, obnoxious and unkind act that all of us are vulnerable to in our daily lives.
Make a decision about what to do about the debt independent of this man's bad personality and take some comfort in the fact that he will get his -- if only by having to live with his own bad personality all day every day.
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Criminal Defense Attorney
It is spelled harassment. There is no "trying to sue" there is only sue, or not sue. If you are served with a summons and complaint, hire an attorney at once. You could contac the day care yourself, and offer (say) $20 per week. At least, you will learn whether or not they have "farmed out" the debt. Rude is a poor collections technique, as we can all see. IF they daycare has put the debt out for collection, very likely they are willing to accept far less than the full balance. You can offer that, or you can have an attorney make them an offer.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
As Ms. McCall points out, law does not have the answer to every problem, including but not limited to rudeness. You might consider contacting an attorney at the firm to advise them that their manager is not reflecting credit on the firm.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.