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Debt collection under an Attorney's name? Legal? FDCPA compliant?

Chicago, IL |

I'm currently receiving letters from a debt collection law firm. The letterhead states the name of the attorney. Directly below it says "attorney at law". It appears based on my research that this attorney works for the county's public defender's office. It doesn't seem like he's in anyway actively engage in debt collection. I don't know much about FDCPA, but I also read somewhere that what I had described above, if true, may be an FDCPA violoation.

Attorney Answers 5

Posted

You would probably benefit from a consultation with a consumer rights attorney or firm. Go contact a firm of your choice or try the go-to Chicago consumer rights firm of Edelman, Combs, Latturner & Goodwin, LLC, (312) 917-4502.

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Posted

If your post inquires if an attorney can have two, or more, types of practice, then yes, debt collection can be one of the areas of practice.

There needs to be more information, and specific facts indicating a violation of the FDCPA.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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1 comment

Asker

Posted

Not at all, for example a general practice attorney handles various types of cases. I'm trying to figure out if this case is similar to: Nielson v. Dickerson

Posted

It doesn't sound like an FDCPA violation

Please note that this answer is for informational purposes only and should not be construed as legal advice or an offer to form an attorney-client relationship. It is always advisable to seek the help of an attorney licensed in your state before proceeding on any legal matter. Please feel free to contact me with the information listed below. Good luck! Napleton Law, Ltd. 312.255.0115 jerry@napletonlaw.com www.napletonlaw.com

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Posted

One way it might be an FDCPA violation (assuming there are no other violations in the text of the letter), would be if the letter wasn't actually sent by the attorney, but was instead sent by somebody "borrowing" his name to make you think an attorney involved when there was not. We have seen cases like this every now and then, but it is not very common. See a consumer law attorney to be sure.

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3 comments

Asker

Posted

I called your firm. Unfortunately, the case screener's (paralegal) professionalism didn't quite live up to the reputation of your firm. She sounded burned up. You should maybe rotate them from time to time screening cases. From what it sounds, your firm listens to a case and decides whether it's valuable or not, and if it's in the interest of the firm to pursue it. Fair enough, that's how every contingency cases work; cost over benefit. However, I was surprise to hear that you don't provide people the answer to what they called your firm for. Was there a violation or not? From what it sounded to me, you listen then reject/accept. If rejected, that's it. Sometimes people just want to make sure that they're rights isn't being violated. Not everyone who approaches a law firm is looking for a payday. That last sentence was very hard to say without further explanation under this setting. Hopefully, you'll just take it at its face value.

Tara Leigh Goodwin

Tara Leigh Goodwin

Posted

I'm sorry you weren't satisfied with our firm's response to your question, and thank you for your feedback. We actually try to give advice when there is a clear answer to the question, however, in some cases, there is room for debate about whether a claim exists or not, so we can't give a definite answer. This is because, like they say about medicine, law is an art not a science. We actually spend a lot of time internally debating whether certain potential cases violate a particular statute or not. In most cases our attorneys need to review the documents before they can give any advice, and in many situations we also have to do some research. In your situation, we would need to see the letter and research the attorney involved before we could determine if we thought there was a violation of not.

Asker

Posted

Make sense. Law is gray. Thanks for the response.

Posted

You should have an attorney with knowledge of the FDCPA review the letter. There is no violation for an attorney to send a demand letter, but if that attorney regularly practices in the area of debt collection they must abide by all the rules in the FDCPA. It is possible that an experienced attorney may be able to find a violation that you were unaware of. I would need to know the specific content of the letter to help you further.

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