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

Asked 11 months ago - 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)

  1. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

  2. Gerald William Napleton

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  3. Tara Leigh Goodwin

    Contributor Level 16

    Answered . 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.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an... more
  4. Peter Walter Weston

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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... more
  5. Ari Hillel Marcus

    Contributor Level 4

    Answered . 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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