Debt Collectors in Different Situations Part 3

Collection Efforts by a Collection Attorney for a JDB

This is a real numbers game for these collection attorneys. They do not want to do any legal work to collect a debt, they just want to scare alleged debtors and pursue default judgments. Their mini-Mirandas typically come from the law firm, not an individual attorney. If the letter comes from an out-of-state law firm, it is one of thousands that have been sent out. If the

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letter comes from a relatively nearby attorney, it is one of dozens or hundreds sent out. Somewhere in the document is the statement, “this debt has not been reviewed by an attorney.” Attorneys are considered officers of the court, as in any court of law where they practice. If an alleged debt was found to be fraudulent, they could be held accountable for their collection letter, hence this disclaimer. With these junk debts worth pennies on the dollar, and with numerous letters being sent out at once, a collection attorney is not going to review the file related to each letter. The way to respond to their communication is with a denying, disputing DV letter. Legal precedent (Spears vs. Brennan) establishes that they must validate before they can get any kind of legal judgment against a debtor.

Collection Efforts by a Collection Agency for a JDB

These are probably the most aggressive debt collectors. They try to scare you with the-summons-is in-the-mail lie. If they call you cold for the first time, tell them they must send you a mini-Miranda notice. If they do in fact send you one, DV it. If they offer to settle for a very reasonable payment plan, do not respond. Do not make a small payment or a counter-offer. By that act you will be re-contracting with the JDB. You will be admitting to the debt. The statute of limitations will start over, and you will be a good candidate for a lawsuit, since with your admission, they can prove the debt is yours.

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