What to do if a lawyer said he is going to sue me next week because I sent a letter asking for verification and did not accept his payment plan?

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What to do if a lawyer said he is going to sue me next week because I sent a letter asking for verification and did not accept his payment plan?

My debt is for $1867 and he wanted me to pay $233 a week to pay it off. When I asked for a different plan, he refused. When I told him that I sent a certified letter asking for verification, he told me that he would be sueing me. Although seemingly minute, when I speak with him on the phone he never gives the “this is an attempt to collect a debt” saying. Is this legal? What are my next steps? Can an attorney help me handle this so I do not get sued and can make a reasonable payment plan?

Asked on April 10, 2012 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This guy is playing with fire and his legal license.  First, familiarize yoursef with the Fair Debt Collections Practices Act and in particular the part that deals with attorneys. Next, you took a great step in requesting verification which he has to provide under the law, but call it "validation" of the debt.  He has to provde a whole slew of stuff there.  next, report him to the state attorney general's office for failure to comply with the FDCPA and you can surely threaten a complaint to the state Grievance Commitee that monitors attorneys.  It is the last card you hold.  Good luck.


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