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2 Replies Last post: Aug 31, 2009 10:59 PM by ontiversmo

Attorney says debtors are not to be contacted by creditor

Aug 31, 2009 8:12 PM

Click to view telstarr's profile Authority telstarr 9 posts since
Aug 31, 2009
Can an attorney that works for a debtor legally stop me (creditor) from billing the debtor customer? Even after the Statute of limitations has run out.
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Click to view DomainDiva's profile Mogul DomainDiva 1,732 posts since
Oct 10, 2007
1. Re: Attorney says debtors are not to be contacted by creditor Aug 31, 2009 8:21 PM
Check with your state office of consumer affairs. You say the statute of limitations has run out. Does this mean that the debt is "X" years old?

If your state laws have an 'expiration date' on debt, then you may be out of luck. Question is, why would you let it run this long?
Click to view ontiversmo's profile Mogul ontiversmo 16 posts since
Dec 24, 2007
2. Re: Attorney says debtors are not to be contacted by creditor Aug 31, 2009 10:59 PM
You have a little more flexibility in your collection practices if you're not a bonafide collection agency. Have you tried small claims? Was there any problem with the service or product delivered?

You're not breaking any laws if you politely ask for payment status of your invoices. An attorney can easily shoot out a message demanding that you stop contacting his client. In that case, direct all of your follow-up collection letters to the attorney with a CC to the debtor. Indicate on all correspondance with the attorney that you are CC'ing the debtor to ensure that he is also receiving all of your correspondance, since you cannot know for sure whether or not the attorney is sharing all those letters with the debtor.

Send all correspondance FEDEX signature required. Try to avoid certified mail from the post office - everybody already knows that when you get the letter with the green certified letter card attached to the note, that it's probably bad news - many scammers try to avoid signing for those cards. Who doesn't like getting a FEDEX package?

Regards,

Steve Ontiveros
Resource Business Partners, Inc.
wefactor.com