Valerie
Charleston,#2Author of original report
Thu, October 04, 2007
Thanks for the comment, but I am very wary of sending ANYONE $750 for "good faith" money for a lawyer. I know how much it costs to file the paperwork, etc. to get one of these judgements. What topped it off was the message left on the business answering machine after my husband and I decided not to proceed with litigation. It boardered on being threatening. A reputable company would NOT threaten another company. It just solidified in my mind that we did the right thing and didn't waste more money. But thanks for your reponse.
Tim
Valparaiso,#3Consumer Comment
Thu, October 04, 2007
I'm not sure if I agree with your conclusions, Valerie. But I can certainly see why you got a bad feeling about things, and why you came to the conclusion you did. You may well be right. I don't find anything odd with you being transferred from Bruce's care to Ed. While it would certainly be ideal for them to have one person deal with your account, it may not be logistically possible. When they told you that they could get you three times the amount of the debt (technically referred to as "treble damages") plus their attorney's fees, they were implicating that they intended to file a lawsuit. You can't get treble damages without a judgment. Your husband's lawyer friend, who told you that no lawyer would ever ask for payment up front if they felt they could win the case, was wrong. First of all, no lawyer is EVER entirely confident that they will win any case. And few lawyers, outside of personal injury attorneys, will work on a contingency basis. I've in fact NEVER heard of a lawyer doing a contract/conversion case on contingency. Further, lawyers are forbidden from "advancing funds" to a client. This means that all those little costs, such as filing fees, deposition fees, etc., have to be paid by the client prior to a judgment being rendered. So, to initiate litigation, they needed some money from you. Ideally, the result of litigation would be everything this company claimed it could be. Three times the original debt plus attorney's fees. If such was the case, once your lawyer's received their attorney's fees from your opponent, you would be reimbursed for everything you paid in. Nonetheless, I get a bad feeling from every collection agency. It's an industry filled with dirtbags. So I can see how you got a bad feeling, and you may have made the right decision. Best of luck!