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16 May, 2017 by Anonymous
Hired Zimmerman law firm for my custody case. The first person i spoke to was the office assistant. Explained my case and requested fees. She said Ms Zimmerman was out of town but that she would call her and get back to me soon. She called back stating that could take my case and quoted a fee. It seemed low so i asked what the payments would be. The assistant stated that was the full fee but that if the case turned or more complicate or went of a long time then anticipate i might be asked for then. I paid the fee that day. I then didnt hear from anyone for always 2 weeks. I was in a panic not knowing if my answer had even been sent to the court. It was dur beginning of Nov. Our first phone appt was set for an evening but ms Zimmerman never called. When i called the office she stated she had forgot and would call me that even. We went over everything and i was advised to start working on my discovery questions. There was minimal contact between ms Zimmerman and after that. Most correspondence was with the assistant. I needed to speak directly to ms Zimmerman around Jan and made a few requests over a few days. After about a week she emailed me stating she would not continue to work on my case till i brought my accout current. Stating i had missed 2 monthly payments. What was due was not in the email and since i had never received bill and thought i had paid the entire fee upftont i was cometely confused. I sent numerous emails, texts, phones and voicemails eventually begging someone to reply to me and jusy tell me how i could get it current. I actually had to contact another attorney to find out what my rights were. She advised me on what to say and do. Once i did that i finally received a response and owe quite a bit more. I had to pay it, we were months into my case. The process continued on doing discovies ect. In Feb the assistant notifies me of my court date that is set in 36 hrs. Im completely surprised. Hours of calls and text message and i have found out they knew about the court date since Dec. Theyre place was to postpone because they weren't prepared but had learned at the last minute that couldnt happen. My options were court unprepared, enter into an amicus agree that the other side was proposing or fire my attorney and try to start over. Really the only option was the amicus which i was adamantly against. Mr zimmerman called begged me to give them the opportunity to fix everything. They were even going to cover half the amicus costs and let me pay out the rest. They would send paymeny immediately. They said its best to be first one payed. After the amicus was assigned i didnt talk to my lawyers again. Not until the amicus never reveived payment and came after me 2 months later. My lawfirm mailed an important, time sensitive payment regular mail and never followed up to make sure payment was received. They have nothing to show proof of that first check being sent in Feb. I have ultimately lost this custody case. My lawyers couldnt be reached the entire day the recommendations came out. The sent me a detailed explanation of why i lost why i verified thru the amicus was completely false. And now its been 5 days since i asked for some kind of billing stated on case and still have not received it. Child custody is just too important to deal these kind of issues. Beware of this lawfirm
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What a Debt Collection Lawyer Can Do for You

A debt collection lawyer helps individuals and businesses navigate legal matters related to debt collection. Whether you’re a creditor seeking to recover unpaid debts or a debtor facing aggressive collection actions, a debt collection lawyer can provide valuable assistance. These lawyers help creditors pursue legal action to collect overdue debts and ensure compliance with debt collection laws. On the debtor’s side, they help defend against unlawful collection practices, negotiate repayment plans, or file for bankruptcy if necessary.

If you’re dealing with a debt collection issue, a lawyer can ensure your rights are protected and work toward a resolution that aligns with your financial or business needs.

When Should I Hire a Debt Collection Lawyer?

You should consider hiring a debt collection lawyer if you are facing any of the following situations:

  • For Creditors:
    • Unpaid debts: If you’re a creditor (such as a business or individual) with unpaid invoices, loans, or accounts receivable, a lawyer can help you pursue legal action to recover the debt.
    • Debtor refuses to pay: When a debtor is unwilling or unable to make payments, a lawyer can assist with filing lawsuits, securing judgments, and enforcing those judgments to collect the debt.
    • Negotiating repayment plans: If you’re willing to work with a debtor to arrange a payment plan, a lawyer can negotiate and draft a legally enforceable agreement.
    • Legal representation in court: If a debtor disputes the debt or countersues, a lawyer can represent you in court and ensure your legal interests are protected.
    • Securing liens or garnishments: A lawyer can help you secure liens on a debtor’s property or garnishments on their wages to recover the owed debt.
  • For Debtors:
    • Facing debt collection lawsuits: If you’ve been sued by a creditor or collection agency, a lawyer can represent you in court and help you defend against the claim or negotiate a settlement.
    • Debt collection harassment: If creditors or debt collection agencies are harassing you or violating your rights under the Fair Debt Collection Practices Act (FDCPA), a lawyer can help stop the harassment and potentially sue for damages.
    • Negotiating debt settlements: If you owe a significant amount of money but want to avoid bankruptcy, a lawyer can negotiate with creditors to reduce the total amount owed or set up a payment plan.
    • Disputing a debt: If you believe a debt is incorrect or have been wrongfully targeted by debt collectors, a lawyer can help you dispute the claim and provide evidence to resolve the matter.
    • Bankruptcy options: If your debts are overwhelming and you’re unable to repay them, a debt collection lawyer can help you explore bankruptcy as an option for debt relief.

Hiring a lawyer early in the process can help you protect your financial interests and avoid escalating legal issues.

What Does a Debt Collection Lawyer Do?

A debt collection lawyer provides a variety of services depending on whether they are representing the creditor or the debtor. Their responsibilities often include:

  • For Creditors:
    • Filing lawsuits: A lawyer can file a lawsuit against a debtor who has failed to pay what they owe. This includes preparing and submitting legal documents, representing you in court, and pursuing judgments.
    • Negotiating settlements: If the debtor is willing to settle, the lawyer can negotiate a payment arrangement or reduced settlement that ensures you recover some or all of the debt.
    • Securing judgments and enforcement: After obtaining a court judgment, a lawyer can help enforce it through methods like wage garnishment, bank levies, or property liens.
    • Reviewing contracts and agreements: A lawyer can review your contracts and lending agreements to ensure that they comply with the law and are enforceable if a debtor defaults.
  • For Debtors:
    • Defending against debt collection lawsuits: If you’re being sued by a creditor, a lawyer can challenge the lawsuit, dispute the debt’s validity, or negotiate a more favorable settlement.
    • Stopping harassment: If debt collectors are using unlawful practices to collect a debt (such as threatening you or contacting you excessively), a lawyer can intervene and protect your rights.
    • Negotiating debt relief: A lawyer can negotiate with creditors to reduce the total amount of debt you owe or develop a manageable payment plan that suits your financial situation.
    • Disputing inaccurate debts: If a debt is not valid, a lawyer can help you gather evidence to dispute the claim and prevent further collection actions.
    • Filing for bankruptcy: If your debts are overwhelming, a lawyer can advise you on whether filing for bankruptcy is the best option and help you through the process.

How Are Debt Collection Lawyers Paid?

Debt collection lawyers typically charge for their services in different ways depending on the complexity of the case and whether they represent a creditor or debtor. Common payment structures include:

  • Hourly rate: Many debt collection lawyers charge by the hour, with rates typically ranging from $150 to $500 or more, depending on the lawyer’s experience and the case’s complexity. Hourly fees are common when the lawyer is representing either party in litigation or negotiation.
  • Contingency fee: For creditors, some lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover the debt. Their fee is typically a percentage of the recovered amount, usually ranging from 20% to 40%.
  • Flat fee: For specific services, such as reviewing a contract, drafting a demand letter, or defending a straightforward debt collection lawsuit, a lawyer may charge a flat fee.
  • Retainer: For larger or ongoing cases, a lawyer may require a retainer fee ranging from $2,000 to $10,000, depending on the complexity of the case and the expected duration.

It’s important to discuss fees with your lawyer during the initial consultation and understand the total cost of their services before proceeding with your case.

How Much Does a Debt Collection Lawyer Cost?

The cost of hiring a debt collection lawyer depends on whether you are a creditor or debtor, the complexity of the case, and the lawyer’s experience. General cost estimates include:

  • Hourly rates: Most debt collection lawyers charge between $150 and $500 per hour. Complex cases involving litigation or large amounts of money may result in higher legal fees.
  • Contingency fees: If the lawyer works on a contingency basis, they typically charge between 20% and 40% of the recovered amount. For example, if you recover $10,000 and the contingency fee is 30%, the lawyer would take $3,000.
  • Flat fees: For simpler services like drafting a demand letter or responding to a debt collection lawsuit, flat fees may range from $500 to $2,500, depending on the work required.
  • Retainers: For larger or ongoing cases, a lawyer may require a retainer fee ranging from $2,000 to $10,000, depending on the complexity of the case and the expected duration.

Always ask for a detailed cost estimate during your consultation to avoid surprises and ensure that the services fit your budget.

Top Questions to Ask a Debt Collection Lawyer

Before hiring a debt collection lawyer, it’s important to ask the right questions to ensure they have the experience and expertise to handle your case. Key questions to ask include:

  1. What experience do you have with debt collection cases?
    Make sure the lawyer has experience handling cases similar to yours, whether you’re a creditor or debtor.
  2. How do you charge for your services?
    Clarify whether the lawyer charges by the hour, on a contingency fee basis, or a flat fee, and ask for a detailed estimate of the total cost.
  3. What is the likelihood of success in my case?
    Ask the lawyer for an honest assessment of your case and the potential outcomes.
  4. How long will the process take?
    Debt collection cases can take time, so ask the lawyer how long they expect the process to last, from filing the claim to recovering the debt or resolving the dispute.
  5. What are my legal rights?
    Ask the lawyer to explain your rights as a creditor or debtor, including protections under laws like the Fair Debt Collection Practices Act (FDCPA).
  6. Will you personally handle my case?
    In larger firms, junior attorneys or paralegals may handle parts of the case. Make sure you know who will be managing your case.

How to Check the Credibility of a Debt Collection Lawyer

To ensure you are hiring a reputable debt collection lawyer, take the following steps to verify their credentials and track record:

  • Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed to practice law and has no history of disciplinary actions.
  • Look for debt collection experience: Review the lawyer’s website or professional profile to ensure they specialize in debt collection law and have successfully handled cases like yours.
  • Read client reviews and testimonials: Look for client reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s professionalism and ability to handle debt collection cases.
  • Ask for references: A reputable lawyer should be able to provide references from past clients who have worked with them on debt collection matters.
  • Check for certifications or memberships: Look for certifications or memberships in organizations like the National Creditors Bar Association (NCBA) or other relevant associations that focus on debt collection law.

What Should I Prepare for My First Consultation?

To get the most out of your first consultation with a debt collection lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:

  • For Creditors:
    • List of outstanding debts: Bring a detailed list of the debts owed to you or your business, including invoices, contracts, or other supporting documentation.
    • Previous communication with the debtor: Provide copies of any emails, letters, or phone call logs showing attempts to collect the debt.
    • Contracts or agreements: Bring any contracts or agreements related to the debt, as they may be critical in proving your case.
    • Judgment information (if applicable): If you’ve already obtained a court judgment against the debtor, bring the judgment documents and any enforcement attempts.
  • For Debtors:
    • Debt collection letters or notices: Bring any correspondence from creditors or collection agencies, including demand letters and collection notices.
    • Payment records: Provide proof of any payments made toward the debt, including receipts, canceled checks, or bank statements.
    • Debt validation or dispute documentation: If you’ve disputed the debt or requested validation, bring copies of the dispute letters and the creditor’s response.
    • Legal summons or lawsuit documentation: If you’re facing a lawsuit, bring the court summons, complaint, and any legal documents related to the case.

By preparing thoroughly for your consultation, you can help the lawyer assess your situation more effectively and provide the best legal advice tailored to your needs.

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