Legal Question in Consumer Law in Minnesota

I have a debt with a law firm (they bought the debt, it was not the result of legal bills). On a specific date, I called them and they said we owed 1,400. I settled with them for a 1,100. 5 days later, my wife called them to ensure that the routing and account numbers were correct (a few of the payments had bounced, possibly due to incorrect information on their end). They said we only owed 1,200, which we took to mean the 1,400 dollar amount was incorrect. On that same day, the 1,100 dollars was deducted (It had been in transit). A few days later 700 dollars was deducted (1,200 minus lawyers fees of 500 dollars, despite us never going to court or doing anything that required anything but a representative).

Talking to the representative gave us little clarity. She is saying that the 1,100 only brought our account up to date and wasn't a settlement. (The settlement was with another representative, not the regular representative). Thus, when she said we owed 1,200, she really meant we owed 2,300 (1100 + 1200), which is more than they said we owed previously (prior to the day I called to settle).

All in all, they took shy of 300 dollars from us that was not authorized by the settlement.

So, we are lost. We don't really have much to back up our claim other than some hand written notes (not particularly great ones either). Does anyone out there have advice, or can you forward me to a consumer advocate group? I know its a small sum, but it's the principal of the thing.


Asked on 5/06/11, 1:47 pm

1 Answer from Attorneys

Michael Kemp MET Law Group, PLLC

Under the Fair Debt Collections Practices Act, the federal law that governs debt collections, any collection company (including the law firm, if they are trying to collect a debt you owed to someone else) is required to follow very specific practices. They are not allowed to lie or mislead you about the total amount you owe, for instance, and if they do, they can be liable for more than just the $300 they took from you. If you believe that you were lied to or misled about how much you owed, it is quite possible that they have violated federal law. I would recommend talking to an attorney; an attorney would be able to go over more details with you and determine with more certainty whether your rights were violated. This does sound worth following up on, though.

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Answered on 5/06/11, 3:13 pm


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