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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14260
Experience:  15 years exp all aspects of general law
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I am a 38 yr old single mother. I worked for a Real Estate

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I am a 38 yr old single mother. I worked for a Real Estate Title Company in Kansas for 12 yrs. I went through some bad times and made some very bad choices. I miss used company funds to pay off some deft that I had. The company is claiming that it was 106,000.00 that I took over that time. The company found this in November of 2012, I resigned from the company at that time. The company Attorney contacted me the end of Febuary 2013. Had me come meet with them at their office. I went alone not knowing what else to do. At that time they gave me a Severance Agreement wanting the $106,000 paid in full by May 1, 2013. If the funds were paid by that time period the employer would release and forever discharge me from any claims. I was scared and had no idea what I was doing so I signed the agreement and did all I could to try and come up with the funds by the deadline. I was not able to, so I had an attorney review the agreement and send a letter to the company's attorney asking to pay a certain amount down and make payments till I could come up with the rest of the funds to pay it in full. The company refused a payment arrangement. The attorney I had that sent the letter told me I would have to wait and see what the company decided to do next. If they were going to charge me or if they were going to sue me civilly. The company from the beginning has wanted to keep this all very quiet. I want to pay the funds back, I'm not trying to get out of that. I have yet to hear from the company. I have not been contacted by the police or served anything. Today my Dad came home to a letter from the company's attorney in his door. Asking him to contact them regarding a financial obligation I had. Why would they contact my Father? I do not live with him and I am not a minor. I don't understand why they would involve my father. If someone could help me understand I would be so grateful.
Submitted: 10 months ago.
Category: Legal
Expert:  Legalease replied 10 months ago.

Hello there

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This is an unusual situation where the company has the right to bring both civil and criminal charges against you and to date, they have not pursued either avenue (perhaps you were correct and they do not want the infornation made public?). Under the consumer protection laws and Federal Trade Commission rules and regulations, a creditor has the right to contact your family members to see if they can get new contact information from you in the event that they have legitimately lost your contact information and they are unable to locate you regarding the debt. In many instances, creditors will use this excuse to contact family members about your debt to either embarras you into paying the debt or attempting to get the family members to pay the debt for you. The creditors actions in your case are bogus becaues even if they could not get in touch with you legitimately then they had the contact information for your attorney and they should have contacted your attorney and NOT your father regarding this case/situation.

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My suggestion here is that you contact your attorney again and let himknow about what happened here and ask if the attorney will write another letter to the company telling them that contacting your father was an invasion of your privacy and if they had any issues with contact information for you then the company had the legal obligation to contact your attorney and no one else regarding these matters. Your attorney may be able to use what happened here strategically to your advantage in order to convince the company to take a settlement amount that is less than the 106K and/or to accept payments over an extended period of time rather than insisting in one lump sum payments. A threat to sue them for invasion of privacy and with filing a complaint to the FTC for violating consumer protection laws and a complaint to the attorney law licensing board because the attorney for the company violated your right to have an attorney by trying to get around your attorney and present the situiation to your father (an attorney has a legal obligation to contact the attorney for the other side and not the other side directly unless you have given permission to do so). While I do not think that the letter to your father will get you out of the reimbursement completely and the threat of criminal charges against you -- if your lawyer starts howling and kicks up a fuss about this entire situation then you maybe able to get some kind of relief from their earluer stance of wanting all of the money at one time as soon as possible.

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Please let me know if you have further questions. If not, can you please press the 3rd, 4th or 5th smile face below so I will be paid for my time assisting you tonight. I am paid NOTHING unless you press a positive rating below -- pressing the 3rd, 4th or 5th smile face below will not cost you any additional money - it simply acts as a trigger to Just Answer to pay me for my time (and you can continue to ask follow up questions on this matter even after you press a positive rating).

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THANK YOU VERY MUCH !!

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MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14260
Experience: 15 years exp all aspects of general law
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