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It would not be advisable to ask the creditor's attorney for information. It is that person's job to get as much money from you as possible, and that is a job they do all day long.
Many small claims courts have a mediation program, however this can backfire, as the settlements that get made can turn into much greater liability for you if you fail to make any of the payments, and can include attorneys' fees, interst, court costs, and can be astonishingly large when all is said and done. There are attorneys who specialize in consumer debt collection defense, and who know exactly where to look and what to look at to construct a viable response. It may well be the case that someone sufficiently knowlegable will be able to require the debt collector to pay your attorneys' fees if this was done improperly. You should speak to a debt collection defense attorney in your state. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who specializes in debt collection defense to review the details with you and advise you. It may well be that a knowledgable attorney could save you money in the long run. 14 people marked this answer as good
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