Legal Question in Consumer Law in Minnesota

Debt Collections Lawsuit

What should I do to get Collection Attorney off my back for good?

-Tried to settle

-Began to question validity of debt

-Won in small claims court WITHOUT Prejudice

-Being sued again; collection attorney has provided no validation (no signed contract) that I owe this debt

-Didn't provide to me 2wks before court; didn't have at court proceeding; didn't provide to court within allotted to time

Asked on 1/02/07, 4:51 pm

2 Answers from Attorneys

Christopher Gonko Scrimshire, Martineau, Gonko & Vavreck, PLLC

Re: Debt Collections Lawsuit

David, there is a possibility that there is a violation of what is known as the FDCPA. This is the federal law which states what collection agencies and attorneys can and can't do. One of our practice areas is using the FDCPA to stop abusive collection practices. Feel free to call and ask for either me or for Mark, another attorney in the office.

Chris Gonko -

Weisberg & Associates

800 Washington Avenue North

Suite 600

Minneapolis, MN 55401

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Answered on 1/04/07, 4:35 pm
David Anderson Anderson Business Law LLC

Re: Debt Collections Lawsuit

Other than paying in full, the only way to get the attorney "off your back" is by filing bankruptcy or winning in court. If you dispute the debt's validity and have proof, wait until court and take your chances. Otherwise, your options are limited.

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Answered on 1/02/07, 4:59 pm

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