How do I know if this is a collection agency or a lawyer?

[tjdee]

I've done some googling, just spoke to the FTC....but I still can't figure out whether the person who just threatened me with legal action is doing so on behalf of a lawyer or a collection agency.

It's Gerald E. Moore and Associates, if that means anything to anyone--DUers are always helpful, and I'm pretty frazzled right now.
:scared:

[CBGLuthier]

1. Here's a link to their homepage

http://www.gemalaw.com/

Professional collectors with a staff of lawyers.

[trof]

4. DU is better than google, I swear ta god.

Way to go, nmp.

[tjdee]

11. Thank you....

I googled, didn't find it.

[Sanity Claws]

2. Go to the state bar association website

Don't know if all of them do but some of them have a list of attorneys actively practicing in the state.
At least you can determine whether the person is an attorney.
As for collection agency, I don't know whether they have to be registered somewhere

[kanrok]

3. Go here to find out:

www.martindale.com

Follow the template on the page. Good luck.

[jandrok]

5. This forum has some potential answers.

http://www.cardreport.com/index.html

[Grillydad]

6. Check out Lawyers.com

They list lawyers all over the counrty. If they ain't there. they're probably not lawyers.

[musical_soul]

7. One thing I do know.

Don't actually speak with these people. They don't want to work with you, just for who they represent. I would get advice from a credit counselor or from a lawyer (if possible). You need to know your rights.

[tjdee]

8. I have a credit counselor...

It's not set up yet, but this place lied to me that they don't "work with credit counseling people". I called my counseling place, and she told me they did indeed deal with Asshat place (Gerald...etc.).

I hate to think I have to retain a lawyer over 800 friggin bucks. :(

[candy]

9. Demand EVERYTHING in writing-don't talk to them.

[tjdee]

13. Too late, LOL.

Comcast screwed me up (a different :nopity: post, LOL) and so a few charges to my account were declined--one being Gerald Moore, who told me that they weren't going to process the payment without my confirming it.

So why did they try to charge my account? :grr:

I asked the lady that, that's when I was told that no one would tell me that, and that I was falsifying information to them and that she was going to recommend Gerald Moore expedite my case, and that I should get legal counsel.

:eyes:

[ohiosmith]

10. You may find this interesting.

http://www.ripoffreport.com/results.asp?q1=ALL&q5=gerald+e.+moore&submit2=Search%21&q4=&q6=&q3=&q2=&q7=&searchtype=0

[tjdee]

12. Thank you so much...

They sounded shady.... I actually found court papers suing this "Gerald Moore" too.

[JimmyJazz]

14. Here's the Fair Debt Collection Practices Act:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

There's a lot of useful information about what creditors and their agents can do to collect a debt. The laws are strict and, since it's Federal, don't vary from State to State.

[tjdee]

17. I should have taped the conversation.

But I don't ever think to do that. I guess I should start doing that with everything. Even if they did violate some provisions (which I think they did) there's no proof.

[radwriter0555]

15. Couple of questions. How old is the debt?

?

[tjdee]

16. It's about... a year and a half old.

I was current up till around Christmas 2003. I've not been paying it since then (various life problems :nopity:) and I'm just now getting to a point where I can pay a bit of it (have other cards too)...but they want all of it.

So it's valid, for one thing.

[serryjw]

18. Why are you stressing?

We don't have debtors prison is America. You owe a debt that you can't pay? They will either work with you, write it off or give it back to the credit card company as uncollected. I learned when I was sick you can only do what you can do..no more? The worse thing that will happen with an $800 bill is a 'charge off' which will be on your credit report for 10 years.


Chill out...go have a drink

[tjdee]

19. Because they told me to get "legal counsel".

I don't like the idea of going to court and being made to look like a dredge of society (not to mention I'd have to drive to wherever it is in my shitty car which would probably break down, and find a sitter for my little kid)...

I do tend to worry a lot. Fear of the unknown, and all that. It's gotten worse since I had a kid.

Thanks for the chill advice--sometimes I need to remember to do that.

[serryjw]

21. Remember something

the collection agencies don't get a plum nickel if they sue you and you can't pay.....and it COST them a bunch. If there is a lien on your house or SS # you won't be able to sell your house unless you pay it off...that is the worst that will happen. I had a $3000 debt from illness that had to be satisfied at escrow time when I sold my condo.

OMG they LOVE to scare you!

[skygazer]

20. If they're threatening you about a collection matter

then they are acting as a collection agency and under the Fair Debt Collection Practices Act, you do not have to deal with them.

What you need to do is find out their mailing address and write them a letter stating that you do not wish to work with a collection agency and that you want them to cease all communications with you (it's called a cease-comm letter and it works). Send it registerred with a return receipt and save all the paperwork as well as a copy of the letter.

If they contact you after the date the letter was received (reason for getting a return receipt), they are in violation of the law (as a law office, they will know that).

There are several websites detailing the Fair Debt Collection Practices Act - they are worth looking at.