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Can a Non-Lawyer Negotiate a Settlement of a Debt

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  • 11-25-2013, 03:50 PM
    oldmanintheshoe
    Can a Non-Lawyer Negotiate a Settlement of a Debt
    My question involves collection proceedings in the State of: Florida

    My friend is being sued for $58,000 for an unpaid credit card. Some company bought the debt from some big bank who gave the credit card. She wants me to negotiate with the lawyer of the company that bought the debt for her. But when I called the lawyer to do just that she (the lawyer for the debt buyer, also a female) said they needed written permission from me saying it's OK for me to talk to them about her case. And they said to do that I need to put a letter in the mail to them that days I can talk about the case with them. Here's the question: Is it legal for me to use an alias in that letter to them, and will what I say be admissible in court? I don't want to give them my real name.
  • 11-25-2013, 03:54 PM
    Dogmatique
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    If you don't wish to use your real name, then very simply you cannot get involved.
  • 11-25-2013, 03:59 PM
    jk
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    My friend is being sued for $58,000 for an unpaid credit card. Some company bought the debt from some big bank who gave the credit card. She wants me to negotiate with the lawyer of the company that bought the debt for her. But when I called the lawyer to do just that she (the lawyer for the debt buyer, also a female) said they needed written permission from me saying it's OK for me to talk to them about her case.
    Huh?

    a friend is being sued yet they need permission from YOU saying it's ok for YOU to talk to them about her case.


    How about they need something from HER saying it is ok for them to talk to YOU about her case.
  • 11-25-2013, 04:17 PM
    oldmanintheshoe
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Quoting Dogmatique
    View Post
    If you don't wish to use your real name, then very simply you cannot get involved.

    Care to expound about why I "cannot" from a legal perspective?
  • 11-25-2013, 04:29 PM
    LawResearcherMissy
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Care to expound about why I "cannot" from a legal perspective?
    If you are holding yourself out as her representative, authorized by her to speak to the creditor on her behalf, you must use your real name. If you do not, the creditor will most likely decline to speak with you at all.
  • 11-25-2013, 04:35 PM
    adjusterjack
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Quoting oldmanintheshoe
    View Post
    Care to expound about why I "cannot" from a legal perspective?

    How about "engaging in the unlicensed practice of law."

    Your friend is being sued for $58,000.

    If he wants to do any negotiating he either does it himself or hires a lawyer to do it for him.

    Getting in the middle of this would be stupid if not illegal.
  • 11-25-2013, 04:37 PM
    Welfarelvr
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Quoting adjusterjack
    View Post
    How about "engaging in the unlicensed practice of law."

    Your friend is being sued for $58,000.

    If he wants to do any negotiating he either does it himself or hires a lawyer to do it for him.

    Getting in the middle of this would be stupid if not illegal.

    I do not think such a negotiation would fall under the practice of law.
  • 11-25-2013, 04:39 PM
    jk
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Quoting Welfarelvr
    View Post
    I do not think such a negotiation would fall under the practice of law.

    They do have to be cautious though as it could stray to that, possibly without OP even realizing it.
  • 11-26-2013, 02:18 AM
    oldmanintheshoe
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Quote:

    Quoting jk
    View Post
    They do have to be cautious though as it could stray to that, possibly without OP even realizing it.

    Consider that Debt Negotiation Companies do not always engage in the practice of law when performing their business of getting debt reduced. And they usually have company names and not individual names. As a individual I will not engage in the practice of law or represent the debtor. I will only engage in discussion with claimant to probe information about this creditor's claim which may be unfounded and then figure out if that claimant is interested in entertaining a settlement and for how much money. But please I rather stay on topic of my original question asked which is whether it is legal to use an alias when communicating with a claimant's lawyer and not practicing law when gather information for the defendant by speaking to the plaintiff. That is the only thing I want to know. Does anyone know the answer?
  • 11-26-2013, 02:30 AM
    Dogmatique
    Re: Alias to Help Friend Speak to Debt Collector in Laswuit
    Your question has been answered.

    Read the thread again.
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