Do we have to pay a lawyer who says they’re trying to collect for a company, when the company says we owe them nothing and are not on file with them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do we have to pay a lawyer who says they’re trying to collect for a company, when the company says we owe them nothing and are not on file with them?
My wife got a letter saying this lawyers group was collecting a debt for a medical company. Firstly, she never received a bill from this company. Secondly, when we called the company to ask why we never received a bill and why it was sent to a lawyer, the company said my wife was not in their system and as far as they were concerned owed them nothing. Now, even after telling the lawyers group this, they still call and send letters. I don’t feel right sending a check to someone when apparently we owe nothing. How do I get the lawyers off my wife’s back?
Asked on June 13, 2011 under Bankruptcy Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, you need to verify that you do not owe the attorney anything: it's possible, for example, he's collecting on a different legitimate debt, or that the medical company (if they ever did anything for your wife) had sold the lawyer the debt, so that they no longer show it in their system but he is collecting a true debt from them. Ask the attorney to send proof of the debt, which they should be required to do, such as under the Fair Debt Collections Practices Act (FDCPA). If they send you evidence of the debt, then you can decide whether it's valid and what to do about. As a general rule, you don't have to pay a debt that is not yours--but if you are sued, you have to actually answer and respond to the lawsuit, then establish your rights in court, or you will lose automatically. The first step, though, is requesting documentation. Note that if the lawyer group refuses to prove the debt but still tries to coerce or bully you into paying, you may wish to file an ethical complaint against them with the office of your state court system whcih regulates lawyers.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.