Collection agencies vs. collection attorneys
Filed Under: Collections
Filed Under: Collections
They are both labeled with the acronyms CA, but have two different descriptions. One is more serious than the other.
Collection agencies are debt collectors that are in possession of junk debt. There are thousands – possibly 6,000 agencies – big and small all over the US. It does not take alot of expense to open a collection agency.
Collection lawyers are lawyers who specialize in collecting debt which is also junk debt.
Here is where it can get confusing. A collection agency can appear to be a collection lawyer office. They can write Smith & Jones LLC and you may think that is an attorney. They may or may not be a law office. A stand alone collection agency has limited power. How can you tell if it is a law office? You will have to do some research on them.
A collection attorney is something to be VERY concerned about. A collection law office with true blue lawyers is very serious. These lawyers may not know anything about collection law and the FDCPA but they should be licensed with the bar in your state. They are able to sue.
A collection agency in another state can work with a collection attorney in your state, so that you can be served a summons or complaint. Any letter from any collection agency can turn into a legal matter. This means you are on the court docket and about to be sued by that collection attorney.
IF you are talking with a collection attorney, you need to cease communication. All communication needs to be in writing. The office wants you to pay them before they take you to court. They would prefer to have you make payment arrangements. They do not want to go to court because they will lose.
STOP! First you must write to them and request validation. If they take you to court AFTER not providing any documentation, you will have your correspondence to show the judge that they could not validate the account. Case dismissed. You must act quickly if you are contacted by a collection attorney. The last thing you want to happen is to be served at your residence. This is very different from a collection agency. The collection attorney can sue quickly.
Understand that default judgments are big profit for them. If you do not know what to do, they win and they get money from you. They can garnish wages and paychecks. BUT first they have to win the judgment in court. Don’t let a collection agency scare you about a judgment. They have limited power. Only the collection attorney has the power to sue.
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