How to pick an attorney?

I've received three separate threatening letters in the past two days from a collection agency, claiming some bogus debt from 10 years ago. Now this collection agency is demanding nearly $5000 from me (presumably all penalties and interest), and according to what others have posted on the net, there is no negotiating with them, or those they claim to represent .

So I'm willing to pay an attorney a couple hundred bucks to make them go away, but how does one choose counsel for something like this, other than throwing a dart at the phone book?

PS - I have great credit and take pride in fulfilling my obligations, but I assure you I will not pay this scumbag 5 large because somebody couldn't records straight.

edit - foxtrapper may have mischaracterized what I said but I was careless with how I explained this, so I've trimmed it back a bit.

I actually clicked on this thread to reccommend throwing a dart at the phone book.

What you will probably find is this: an attorney has bought the bad property tax debt from the municipality and is now trying to force you to pay. So you will now have one attorney trying to convince another to lay off. Good luck with that.

Before you make a single move, check your credit with all 3 credit reporing companies: Experian, Equifax and Trans Union. If this collection shows on any of them then yes it's time to make a move. If it does not, tell 'em to bite you and change your phone number.

PIITB?

Have they sent you proof of the original debit? Not what they say you owe, but the original paperwork from the town, tax bill or what ever. Until you get that I would tell them to kiss off. Send them a certified letter saying if you don't receive proof of the original debit you will not discuss this with them. A lot of collection companies don't get all the paperwork when they buy the debits. If they can't prove it you don't owe it.

personal referral is the only way I fly..

That and pick the most outrageous TV ad guy you can find and go meet him.. It's at least good for a laugh.

sounds like you need extreme akim.. http://www.eyeforaneyetv.com/

Personal referral from another attorney works best. Ask your attorney friend whom he/she would use.

Write them a certified letter and tell them that you do not owe the debt, it was paid in full back in 1999. You no longer want to hear from them and if they try to put it on your credit report you will sue them under the Fair Credit Reporting Act.

That should make them go away. If it doesn't, then get an attorney involved.

You do have to respond to the letters within 30 days though, or you are assumed guilty until proven innocent with regard to the original debt.

ignorant wrote: personal referral is the only way I fly.. That and pick the most outrageous TV ad guy you can find and go meet him.. It's at least good for a laugh. sounds like you need extreme akim.. http://www.eyeforaneyetv.com/

Hahahahaha

One of my guys worked on the automatic door at his "studio". Located in of all places....Hollywood........South Carolina. In an old grocery store.

Sorry, back to the program.

Well, here is some advice. If you are in a different state, you might be well served by hiring an attorney in the state in which the city seeking to recover is situated, even an attorney with a practice in that county. This may be a more complicated issue than a collection outfit having an assignment to an alleged debt of yours that can be frightened away with a letter.

You could start with someone in your new state and go from there as per their advice. As far as finding someone in town, asking among your friends is a good start, someone's former traffic, divorce, business formation atty can usually give a referral that will meet your needs or help you themselves. State Bar Associations also often have referral services. Like I said though, this may grow into more than a letter exchange so be prepared for that. Collection agencies do litigate claims for much less than 5K, and they are prepared to do it. I've seen as low as $700 end up in associate circuit court with attorneys on both sides with petitions, answers and discovery, multiple appearances, so on and so on.

Toyman01 wrote:

ignorant wrote: personal referral is the only way I fly.. That and pick the most outrageous TV ad guy you can find and go meet him.. It's at least good for a laugh. sounds like you need extreme akim.. http://www.eyeforaneyetv.com/

Hahahahaha One of my guys worked on the automatic door at his "studio". Located in of all places....Hollywood........South Carolina. In an old grocery store. Sorry, back to the program.

So I used to work with a ton of Brits and a group of them were drinking on the peninsula and they ran into extreme Akim.. Aparently his show is BIG in England. Don't you know if that guy dosen't take them out drinking all the time.

Two other people have mentioned debt validation or DV, this is the correct approach and you don't need a lawyer to do it. Google up a DV form letter, insert your information, mail it via certified mail and wait for their reply.

I usually pick attorneys by selecting the first one out the door that the crosshairs land on. OOOPS, I mean, I ask around and see if I can find one that won't rip me off as he's waiting for his BBSP .

Dave and ansonivan's debt-fu is strong. Heed their wisdom. You don't need an attorney. You need to google the debt statute of limitations for your state (for your own knowledge) and write a letter, certified or not, to the a-holes stating that 1. You dispute the validity of that debt, and 2. Do not contact you in any fashion at any time. They can then respond to that letter stating the they acknowledge receipt and they can provide proof of the debt, but that's it. If they contact you again, you can contact the Federal Trade Commission and your state's attorney general, and the attorney general of their state (for the hell of it) and report them. When they sell your debt again to someone else, you send those a-holes the same letter. You gotta learn to play hard ball, because they do.

And, uh, don't seek legal advice on teh intr4w3bs, yo.

I thought the title was how to pick UP an attorney. now i am disappointed.

geomiata wrote: I thought the title was how to pick UP an attorney. now i am disappointed.

"Hey there, you can sue the pants off me, anytime"

Or variations thereof.

pete240z wrote: PIITB?

+1

Dr. Hess wrote: And, uh, don't seek legal advice on teh intr4w3bs, yo.

To clarify - I was seeking advice on retaining counsel, not on how to defend my interests. I do appreciate the well-intentioned advice from those who offered it, (and the humor).

It strikes me as odd that personal referral is the preferred path in this matter. In the few instances that I've been engaged in matters that required legal practice, I would be profoundly ill-equipped to judge the competency and skill of those involved. I could say that so-and-so was a nice guy or perhaps an asshat, but I don't really have the means to assess the skill and talent applied to the case.

Further complicating the matter, (as mattmacklind observed) is that the municipality is in one state, the collection agency in another state, and I'm 500 miles away in a third state).

Oh well, I guess I could call the guy who did the settlement on my home loan and ask him to point me in a direction. The only problem there is that he's a nice guy, and would likely point me towards a similarly calm, low-key professional. I don't want that for this case - I want a bulldog.

Deleted

DILYSI Dave wrote: Write them a certified letter and tell them that you do not owe the debt, it was paid in full back in 1999. You no longer want to hear from them and if they try to put it on your credit report you will sue them under the Fair Credit Reporting Act. That should make them go away. If it doesn't, then get an attorney involved. You do have to respond to the letters within 30 days though, or you are assumed guilty until proven innocent with regard to the original debt.

Certified Letter, with receipt requested. No arguing whether they got it or not.

ignorant wrote:

Toyman01 wrote:

ignorant wrote: personal referral is the only way I fly.. That and pick the most outrageous TV ad guy you can find and go meet him.. It's at least good for a laugh. sounds like you need extreme akim.. http://www.eyeforaneyetv.com/

Hahahahaha One of my guys worked on the automatic door at his "studio". Located in of all places....Hollywood........South Carolina. In an old grocery store. Sorry, back to the program.

So I used to work with a ton of Brits and a group of them were drinking on the peninsula and they ran into extreme Akim.. Aparently his show is BIG in England. Don't you know if that guy dosen't take them out drinking all the time.

My wife went to high school with that guy. She says that he was, er, what's the word, sorta, er, maybe (don't wanna get sued, yO) duplicitous.

One other thing I just thought about: if there is a statute of limitations in your state governing such things, even if it was a legit debt at the time it may be too old to collect now. Worth checking into.

There is a test, I forget if it should weigh more or less than a duck

geomiata wrote: I thought the title was how to pick UP an attorney. now i am disappointed.

Good point...is it by the scruff of the neck...or the tail? Oh! I guess you pinch them right behind the head ;)

All in fun... Clem

Wally wrote: There is a test, I forget if it should weigh more or less than a duck

If it sinks and drowns, it was a good one. If it doesn't sink, it's a witch and must be put to death.

I got a call probably a year ago from some...I guess it was a collection agency, I don't know. The BS meter started bouncing off the limiter. They had a collection account and needed me to give them some info. I clearly stated that I was not even going to confirm if I was the person they were looking for. "Are you Mr. yourlastname?" I replied, "Why would I tell you that? You called me!" The guy got all huffy and tried to railroad me into giving up some info. It probably works for some dolts, but not this dolt...at least not this time.

I never heard from them again and I'm certain it was either a scam or some outdated info, because I certainly didn't have any outstanding debts (delinquencies, I guess). I did check to make sure someone hadn't stolen my identity (well...I didn't check that hard, but nothing seemed amis besides that one call.) Funny...I don't really remember the details except for the guy sounding really mad that I wouldn't give him the info he needed to defraud me.

Clem

bludroptop wrote: ... It strikes me as odd that personal referral is the preferred path in this matter. In the few instances that I've been engaged in matters that required legal practice, I would be profoundly ill-equipped to judge the competency and skill of those involved. I could say that so-and-so was a nice guy or perhaps an asshat, but I don't really have the means to assess the skill and talent applied to the case.

Most people are adequately equipped to tell whether their lawyer got them a successful outcome, which is all you care about. If you have a lawyer who tends to get successful outcomes, people recommend him. If not, they don't. You don't (or at least shouldn't) care where he graduated in his class, what he got on the LSAT, or how many swings he took at the bar exam.

bludroptop wrote: Oh well, I guess I could call the guy who did the settlement on my home loan and ask him to point me in a direction. The only problem there is that he's a nice guy, and would likely point me towards a similarly calm, low-key professional. I don't want that for this case - I want a bulldog.

You apparently didn't pay attention to the (non-legal) advice you've already gotten from a lawyer. Ask a lawyer you know (preferably one you have reason to believe is reasonably competent because he's gotten you or someone you know a good result) whom he would use. If he's got two functioning brain cells to rub together, he's going to understand what you need and point you in the appropriate direction.

Case in point: I'm something of a "white-shoe" lawyer. When someone asks me for a referral for a slip and fall, I don't send them to my downtown firm, politically connected buddies. I send them to the guy I went to law school with who does nothing but personal injuries and is generally the type of guy Jensenman and Dr. Hess (among others) bitch about. While he's not in the same stratum of the legal profession I occupy (one can debate whether he's in a higher or lower stratum), he's exactly who I would use if I needed a PI guy.