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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am a collection agency with 1 emoloyee and received a lettter

Customer Question

I am a collection agency with 1 emoloyee and received a lettter back stating "I refuse to pay". in handwriting. I send documentation and nothing else. An attorney is suing me for contacting the debtor after being told to cease and desist. the suit was sent to a register agent that I know as spiegal and Utrera and they sent it by email as Amerilawyer so the email went to spam and I never receivedit and they got a default judgmeent. after contacting Orange county and explaing all this first by letter then a phone conference wiht judge I was sent an order on plaintiff's motion to compel compliance with fact information sheet. my 1st question is what does one have to do with the other. 2) they are telling me I have to pay for attorneys fes and as I see it I didn't do anything wroing so why should I pay the plaintiff's attorney's fee?
3) what is all this accounting documetation required for a cease and desist suit?
Please advise thansks so much .
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation.
1) Are they suing you under FDCPA?
2) Have they already received judgment, or not?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
how can I tell if it is the FDCPA / they got a default judgement as I didn't receive the case originally I have 15 days to provide the information requested to vacate the judgement
Customer: replied 2 years ago.
what do you need?
Customer: replied 2 years ago.
what do you need to know
Expert:  Ely replied 2 years ago.
Hmm, okay. Do you have a copy of the default judgment you can upload? See here on how to do so this. If not, that is okay, but if so, this may be helpful.