Expert: Michael Brotherton - 11/6/2007

Question
Hello,
 I'm being contacted by a debt collection law firm.  I've talked with their employees and tried to get something setup but they won't take what I can offer.  I've offered $500.00 on a $1100 - $1200 debt but at that time they would only take about $1000.  This is about 4-5 months old I think.  Today I talked with them again after receiving another letter stating that I've refused to talk to them(a standard letter I was told by a employee of theirs).  Anyway, I was told that they could accept $100/month.  I told them I couldn't pay anything right now but have agreed before that I owed the amount.  I told them to note that I did call but he said(the "floor manager") that he would have to mark down "refused to pay", which of course isn't true because I did try to pay something a couple of months ago, about $30-$40 which was all I could afford and they refused it.  Do I have the right to speak to one of the attorneys at the law firm?   And if not, whats my best next step since their employees aren't too helpful. Its Zwicker and Assoc. P.C., out of Andover MA.  Thanks!

Answer
I do not believe you have the right to speak to the attorney. You probably don't want to anyway. He works for the creditor. Make your payment proposal in writing and stick to it no matter what. Send a cease and desist letter advising them to remove your phone numbers from their records and only communicate in writing. Make sure you send the letter certified with return receipt requested.

You may also want to put your budget to paper and see what you can realistically afford to pay. Send a copy of the budget with your proposal so they can see the reality of the situation. They may refuse your proposal but follow through with it anyway. If they decide to sue you take copies of the budget and your receipts, proposal, etc. and present it to the judge. You make an effort and the judge may suggest they accept the proposal since they accepted your payments. Do not disclose employment info unless required by the courts under oath.

Good luck.