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Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2739
Experience:  30 years of experience
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I am lawyer, attempting to collect a debt, do I need to use

Customer Question

I am lawyer, attempting to collect a debt, do I need to use FDPA language in my demand letter? What if it's an oral contract, so my client has no written prove.
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 4 months ago.
Hello, and welcome. I am a licensed attorney and happy to assist. If the property is landlocked, it doesn't matter if the owners/occupants of that piece of property have the other owner's permission to enter. The easement exists as a matter of law, as an easement of necessity. Therefore, it cannot be terminated as long as the easement provides the only reasonable access to the landlocked property. I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide. Good luck! Best,Attorney 1
Expert:  Attorney 1 replied 4 months ago.

Sorry. This posted to the wrong page.

Expert:  Gerald-Esquire replied 4 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

At one time attorneys were exempt from the restrictions of the FDCPA. No longer. Under amendments to the Act in 1986

attorneys can be a debt collector under 15 U.S.C. §1692a(6) unless they qualify for one of the statutory exemptions.

Under the Act: "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."

Even before the amendment it was common practice for law firms specializing in collections to adhere to the provisions of the Act.

I do not see why the fact that the debt is based on an oral contract should alter your practice.

This is a good go to guide for the FDCPA:,d.dmo

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


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