Ways to Outsmart Debt Collectors
Getting a debt collection notice is scary for anyone. The only thing more scary is getting a debt collection notice signed by an attorney. A notice that’s signed means you are facing legal action. Debt collection attorneys process dozens of notices each day and if you can prove that they didn’t review your file carefully enough before mailing you your notice, that attorney could owe you money.
Here’s Why—
In 2000, lawyer Arthur Miller accumulated roughly $750 in credit card debt after buying clothes at a department store. The retailer eventually contacted a Maryland law firm to handle the debt collection. Because Miller was a New York resident, the Maryland firm referred the matter to Upton Cohen & Slamowitz, a New York firm it had worked with in the past. Upton Cohen sent Miller a debt collection notice within a week.
Miller later settled his bill with the retailer. But he pressed forward with a lawsuit against Upton Cohen & Slamowitz nevertheless. His claim: That the law firm had violated federal consumer protection laws by failing to conduct a meaningful investigation of his underlying debt.
U.S. District Judge Roslynn R. Mauskopf of the Eastern District of New York agreed. She noted in a decision last week that the fact that a law firm is “merely renting its letterhead” can be evidenced by things like the use of computer-generated form letters, facsimile signatures and a high volume of notices processed. On the day it sent out its notice to Miller, Upton Cohen had issued at least 211 debt collection notices, and a total of 3,000 that same month. Damages Upton Cohen may have to pay Miller will be decided at a later date.
If you think you have a similar case, contact Attorneys for Consumers for an immediate case review. It’s Free!
