Legal Question in Credit and Debt Law in California

Reasching a collection attorney profile

I did some researching on the collection attorney that filed suit and they make about 1 to 10 million and they sent the application for default judgment overnight and it had the incorrect date I have no assets and my paychecks are below 309.00 I am considered a judgment proof?


Asked on 4/23/08, 11:08 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Reasching a collection attorney profile

These collection attorneys make over $1 million? I am in the wrong business! If a collection agency, including an attorney or law firm, fails to obey the Federal Fair Debt Collection Practices Act, they can be sued. Google [FDCPA]. Also, sometimes, they sue on debts for which the statute of limitations (usually four years) have expired. If you are facing a debt collection lawsuit or abusive debt collection tactics, you should make every effort to consult a lawyer experienced in FDCPA law even if you think you cannot afford a lawyer. Keep trying different lawyers.

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Answered on 4/23/08, 11:40 pm
Scott Linden Scott H. Linden, Esq.

Re: Reasching a collection attorney profile

noone is truly judgment proof, unless they file bankruptcy, and even then, some charges will not be discharged.

Researching the attorney just tells you that this person is a pro at getting paid and does it a lot.

Try to work something out with the original creditor and see if you can work around the attorney. At the very least, it'll piss him off that you resolved it without his input or assistance.

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Answered on 4/24/08, 4:48 pm


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