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Have had a collection agency doing work for me an a debt from

 
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Customer Question

Have had a collection agency doing work for me an a debt from a firm in branson mo.. They hired a law firm out of St. Louis to collect the debt. The law firm was sent info. that I sent to collection ageny to them and they procceded to sue. A bit of past history. I filled a small claims case against them, and judge ordered in to be set for arbitration in 30 days. After the 30 days ---really 45-50 days , I wrote to the court seeking a new trial date which the judge dismissed w/o pred. and judge said I should sue them to recover my funds. Thus enters collection agency.
In the suit the attr. argued that they had an opportunity to go to arbitration but did'nt therefore lost there rights to do so. Judge disagreed and sent back for arbitration. Currently in limbo as collection agency won't pay for arb. costs and there attr. won't go to arbitration w/o arb. fees plus hr'ly rate. Not sure if collection ageny informed there attr. of all facts but I tried to talk to them but was told since I did'nt hire them they could'nt talk to me. Guess my question is can I hire an attr. in Mo. to take to arbitration or better yet redo the entire process and start over since the St. louis attr. started the ball rolling. Basically not happy with St. louis attr. progress and fees, but he does'nt work for me. Being retained by collection agency I'm guessing he was to get a % of collection fee.
Hope some of this makes sence. Its been a long drawn out process. Can you recommend an attr. from Mo. thats honest and not overly pricey? Guess a lot of ?'s in one ?

 

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State/Country relating to question: Missouri

Already Tried:
Small claims case Collection agency Law suit

Submitted: 377 days and 20 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED
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Expert:  JohnQAttorney replied377 days and 20 hours ago.

Hello,

I am a professional here to assist you. I appreciate your use of this service.

Are you seeking information about how to obtain an attorney who works in consumer protection matters in Missouri?

Thank you for allowing me to clarify

Customer replied377 days and 20 hours ago.

Guess at this point I'm looking for guidence. I'm sure the case could/should have been handled differently but I doubt if things can be changed at this point.

For clarification the contract signed had an arbitration clause in it but the recission to cancellation had a stipulation in it that if unit did'nt sell then the contract was voided or did'nt want

Accepted Answer

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Expert:  JohnQAttorney replied377 days and 18 hours ago.

You may have had confusion regarding the role of the attorney. You indicate the other parties attorney was not satisfactory. You are correct that the attorney did not represent you and this is why they did not assist you. Your best option would be to seek out a consumer protection attorney in Missouri. A great way to do that is by using the lawyer referral service of the bar association which will match you with an attorney meeting yours needs. The program will typically also allow for a reduced initial consultation fee. The link to that program is:

http://www.mobar.org/lrs/attorneys.htm

Please let me know if you have any other questions.

Thank you

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 97.7 %
Accepts: 670
Answered: 6/6/2012

Experience: Wide experience in consumer rights law.

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Customer replied377 days and 17 hours ago.

What happens if another attorney takes over ? With the previous attr.? With the courts?

Since its an arbitration do I need an attr. or would some one of lesser qualifications work?

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Expert:  JohnQAttorney replied377 days and 16 hours ago.

Where there is previous representation, the previous attorney has an obligation to provide required information and otherwise should assist in the transition. Where a court is involved, withdrawal or substitution is required. That means a court must approve the change, in essence. Legal representation is only permitted by a licensed attorney in the state and is not permitted by lessor qualified persons.

Thank you

Customer replied377 days ago.

Thank you

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Expert:  JohnQAttorney replied375 days and 13 hours ago.

Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for accepting my answer and ensuring that I receive credit for assisting you.

Thank you again

 
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