Author Topic: What are some tips for negotiating with an attorney over the phone?  (Read 7571 times)

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pmanuel11

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     I have a scheduled telephone call with a JDB attorney coming up in a couple of days. I requested for the JDB to have their attorney contact me by via a complaint about settling TCPA/FDCPA violations. Amazingly, the attorney's secretary contacted me to schedule a telephone appointment to discuss settlement of the violations. I sent out an Email to the firm with a list of my total violations, and requested settlement amount. Then, they emailed me saying the appointment is no longer available, and attorney may prefers to communicate with me via email. Later, I received another email that the phone appointment is back on again. I am concerned about speaking with their litigation specialist since I am a novice at this. However, if a tiny offer is made I will just inform him that I will see if my attorney will be able get more.-I do have a law firm reviewing this case. They were about 4 calls, and their CSR was informed not to call my cell phone. There is no recorded vm. I did not received a dunning letter after 5 days of initial contact. If there are outstanding debt it's either out of sol or fraud. My credit report is clean except for a late from 4 years ago. Also, only my current lenders have my cellphone number.

Questions for the board:
                 Is there any good tactics to use for phone negotiation settlement with an attorney?
                 Is it a violation for the JDB's attorney's email not to contain a mini Miranda?
                 What's a good settlement range for 4 TCPA calls to a cellphone and possible 1 FDCPA violation?---NO VM
                 What other fees can I add besides $ for signing an NDA, and % for check cashing fees?   
                         


Background:
    About two 3 months ago I started to receive calls from a JDB. They made a couple of calls to my cellphone. They were looking for someone with my name but I refused to give SS# over the phone. No dunning letter was received after 5 days. There are a couple of debts that are decades old that I did not pay like 2 parking tickets from college, and a library overdue charge. Nevertheless, this JDB started bothering me on my cell phone, and it pushed me over the edge. I filed a CFPB complaint against them about TCPA/FDCPA violations, and requested for their attorney to call me to discuss settlement of their violations.
Also, I contacted an attorney, and they are reviewing the case. The paralegal at the attorney office told me I am free to speak with the litigation specialist since they are not representing me at this time.

Thank you.

I hope I am not wrong about my calculation...

shellawella

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #1 on: March 05, 2015 07:00:20 PM »
Personally, I would not speak to them by phone!

I would insist on email negotiations.

They are clever and can trip you up over the phone.

Seems to me that you are sending mixed signals. First you are claiming TCPA violations for them calling you, then you give them consent to call you.

You have not filed a lawsuit, thus they will likely lowball you. A CFPA complaint is worthless.

I will let other DBers chime in now to see what they think.

My comments are NOT legal advice!
shellawella

Bruno the JDB Killer

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #2 on: March 05, 2015 07:18:46 PM »
I will see if my attorney will be able get more


As soon as you say this, conversation over. He'll say he didn't know you had a lawyer, and that he cannot talk to you if you have counsel.


About two 3 months ago I started to receive calls from a JDB. They made a couple of calls to my cellphone. They were looking for someone with my name but I refused to give SS# over the phone. No dunning letter was received after 5 days.


There is no requirement that they dun you, ever. The calls may be permissible for debt collection if the JDB got your number from the OC and you never revoked consent to call or sent a cease and desist.


If it is a scam or mistaken identity, that's different. They probably won't offer you anything.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

pmanuel11

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #3 on: March 05, 2015 07:43:00 PM »
I have inform the JDB that I have an attorney reviewing the case, and underlined in my email to them that I have not retained them. They initially reacted by canceling apt, and stated that attorney may communicate with me via email. Later, they informed me that they want to proceed with phone communication. Only my current lenders have my cell phone number. I know that my violations might be flimsy but I think it is still a violation. Also, If an offer is made I might be tempted to take it since my attorney is still reviewing the alleged violations.

The attorney email did not contain a mini Miranda. They had this statement on the bottom:


PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment) is being sent by or on behalf of a lawyer or law firm and may contain confidential or legally privileged information. The sender does not intend to waive any privilege, including the attorney-client privilege, that may attach to this communication. If you are not the intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. If you have received this communication in error, please notify the sender immediately by email and delete this communication and all copies

Bruno the JDB Killer

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #4 on: March 05, 2015 07:52:05 PM »
A settlement discussion over claims you are making is not debt collection, no warning required. I would be looking to see if this is really a law firm.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

pmanuel11

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #5 on: March 05, 2015 07:58:32 PM »
My experience with CFPB has been positive. I had a lawsuit that was dropped after claiming the JDB failed to acknowledged my election of arbitration. Then, the JDB deleted their negative trade line. I got two OC to delete their negative trade line after complaints. It was a combination of multiple complaints, and alleged violations. One of those OCs had me signed an NDA. Also, I had one of the OC trade line turn positive after using their own letter in a complaints against a credit report agency. I can see one not getting result with only one complaint. However, I am very persistent, and eventually they just want me to go away.

pmanuel11

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #6 on: March 05, 2015 08:01:21 PM »
I have looked them up. Their website states:

The *********** focuses on business law and litigation, with an emphasis on creditor's rights, legal compliance, and defense matters involving the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act.

Bruno the JDB Killer

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #7 on: March 05, 2015 08:09:22 PM »
Send me a nice picture of you in a suit, and I'll have a web site up by tomorrow proclaiming you to be the best consumer attorney on Earth.

What you need to  do is take the names off the web site of those who claim to be attorneys, (if there are any names) and do a search on the bar association web site. You know, just to be sure you are dealing with a legitimate law firm.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Flyingifr

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #8 on: March 05, 2015 08:13:08 PM »
The best advice for a DB member thinking of negotiating a settlement with an attorney over the phone:

Don't Do It.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Bruno the JDB Killer

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #9 on: March 05, 2015 08:20:52 PM »
I would, but I'm not afraid of lawyers. Gee, I wonder why. The ones who no longer practice law in my state know why, but that's just me. You can do this if you want, but keep it short.

'Good afternoon, Mr. Dunderhead. What are you offering as a settlement of my claims?"

"Blah blah blah. Nothing. What is the basis of......"

"Good afternoon. Nice talking to you," CLICK
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

pmanuel11

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #10 on: March 05, 2015 08:25:00 PM »
Yeah, I am having second thoughts but appt is really imminent. I can listen to them. If I don't like it. I will tell him that I will see if my attorney can do better. One problem with my analysis I took them at their words that their are attorneys.

duh

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #11 on: March 05, 2015 08:44:16 PM »
The best advice for a DB member thinking of negotiating a settlement with an attorney over the phone:

Don't Do It.

Ditto...Ditto...Ditto and then Ditto again.

But if you are heck bent in doing this by phone, do not... repeat do not talk on the phone without
recording the call. Even if you are in a two party state. You tell them you are recording the call.

THEY WILL LIE. This isnot a they might... they will.

In addition, they are so practiced at talking and double talking that they know how to turn things
on a dime.

Even the most seasoned of us on here who have spoken on the phone with them are
doubly cautious.

If this were me I would email them tomorrow and tell them you have reconsidered and choose only
to correspond that way... at least that way you have something solid to show an attorney if you
have one interested.


I am not an attorney. My posts about my experiences are for entertainment and  possibly educational purposes only.

If you need legal help, you should seek legal counsel.

howucantoo

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #12 on: March 05, 2015 08:49:21 PM »
+1
Why not email him and say you agree to talk if he agrees to be recorded, if not all future communications must be in writing/email . This will change the tune.
 
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

Flyingifr

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #13 on: March 05, 2015 08:54:04 PM »
+1
Why not email him and say you agree to talk if he agrees to be recorded, if not all future communications must be in writing/email . This will change the tune.

For what purpose? Settlement negotiations are not admissible in Court. I stand by my previous advice:

Don't Do It.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

cgoodwin

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Re: What are some tips for negotiating with an attorney over the phone?
« Reply #14 on: March 05, 2015 08:54:54 PM »
The best advice for a DB member thinking of negotiating a settlement with an attorney over the phone:

Don't Do It.
[/quote

A verbal agreement is worth the paper it is printed on.

The reason you never negotiate over the phone is that the offer will change by the time it is put on paper.  This is a VERY common tactic for all negotiations, not just settlements.  If the change is found, they will claim it was a mistake, if not they will get a little more.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

 

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