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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alias to Help Friend Speak to Debt Collector in Laswuit

    Would a letter you send while purporting to represent the debtor, in which you lie about your identity, potentially be introduced in court? Anything's possible.
    Quote Quoting oldmanintheshoe
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    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.
    As jk said, that statement made no sense.

    If they think you're not a lawyer, they would want your friend's permission to speak with you about her case (or would simply end the discussion). If they think you are a lawyer, they would want your permission to speak to your friend.

    Perhaps you intentionally created the impression that you were a lawyer, and what you mean is that they want confirmation that you are, in fact, a lawyer who is authorized to participate in the legal proceedings?
    Quote Quoting LawResearcherMissy
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    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.
    The question seems to be "Can I get away with lying about my name, and will the debtor's position be hurt if I'm caught lying." Maybe and maybe, with the better answer being "Nobody here is going to tell you to lie."
    Quote Quoting Welfarelvr
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    I do not think such a negotiation would fall under the practice of law.
    If somebody calls the creditor and gives their real name, is clear that they're not a lawyer, and says "I want to negotiate for my good friend Sally," that would not be unauthorized practice of law, although it would likely be a short conversation. If that person calls the creditor and claims to be a lawyer, or uses a name or description implying that he is a lawyer, under Florida's statute that's unauthorized practice of law.
    Quote Quoting Florida Statutes, Sec. 454.23. Penalties.
    Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    Quote Quoting oldmanintheshoe
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    Consider that Debt Negotiation Companies do not always engage in the practice of law when performing their business of getting debt reduced.
    They don't lie about who they are and, if it's not a lawyer calling on behalf of the debt negotiation company, they don't pretend to be lawyers.
    Quote Quoting oldmanintheshoe
    ]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.
    Nobody here is going to tell you to lie, let alone tell you that there won't be consequences for you or for the debtor if you're caught lying. You apparently believe you have a reason to lie, or stand to benefit from lying, so it's also reasonable to infer that there's more to your plan than you've shared with us.

  2. #12
    Join Date
    Nov 2013
    Posts
    10

    Default Re: Alias to Help Friend Speak to Debt Collector in Laswuit

    An alias is not a lie any more than a nickname is a lie, is it?

  3. #13
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Alias to Help Friend Speak to Debt Collector in Laswuit

    Quote Quoting esausfoot
    View Post
    An alias is not a lie any more than a nickname is a lie, is it?

    There may be a world of difference, legally speaking.

    It's one thing calling yourself Franny when your name is Francesca. It's another thing entirely to call yourself Norma Bates while you try to sell your motel...

  4. #14
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Alias to Help Friend Speak to Debt Collector in Laswuit

    An alias is not a lie any more than a nickname is a lie, is it?
    It is if it isn't an alias that you are regularly known by and associated with your real name.

    For instance, my real name is not Missy. It is an alias that I have used in my working life since 2002. It is openly associated with my real name.

  5. #15

    Default Re: Alias to Help Friend Speak to Debt Collector in Laswuit

    How old is the debt? The statute may have run and as long as you do not make a payment or reaffirm the debt you have a legal defense for the lawsuit. If the current owner of the debt does not have the power of the courts behind them they will back off.

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