Should I pay court costs and attorney fees without knowing how much it is?

UPDATED: Jan 23, 2012

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Should I pay court costs and attorney fees without knowing how much it is?

I have agreed over the phone to an attorney who is representing one of my creditors to begin a payment plan where I will send money every month to the Attorneys office until debt is paid. That’s all I agreed too. This didn’t go to court. When I received the letter in the mail to sign, it stated I will pay debt including attorneys fees and court cost. I left a message for attorney to call me back so we can discuss this but he won’t return my calls. What should I do?

Asked on January 23, 2012 under Bankruptcy Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to file a complaint against this attorney with the state bar in which he practices for fraud. Never ever agree to anything regarding a debt by a simple verbal communication. You can create a longer statute of limitations for which the company or collection agency can sue you. Instead, talk to the creditor directly and in writing only and indicate you will agree to pay x amount per month. Otherwise, you can simply dispute the very existence of the debt or the requirement to repay it by disputing it with the credit reporting agencies it is showing up on, or simply ignore the writing that discusses attorneys fees and court costs since you left voicemails or write the word rejected and return as is with no signature or counter. You have to watch this debt and process very closely.

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 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.

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