I just got a letter by an attorney, Rodier & Rodier (954) 455-9300 of Hallandale, FL. It says, "RE: Lawsuit Filed Against You. It has recently come to our attention through County Court Records you were recently sued by Discover Financial Services." The letter goes on to say I may not have been served yet but that they are seeking a judgment for $8570.44. They claim they want to represent me and say "there are several positive options available." I checked public records and there are no Lis Pendens filed against me. If I'm really being sued how could they know before it is placed in public records? Is this a CA working for Discover? Is this legal if they are? Should I send them a demand for validation as if they are the CA? I've never heard of Discover intiating a lawsuit so it all seems very fishy.
First, a Lis Pendens is not filed against a person, it is filed against real estate. The purpose ofa lis pendens is to alert Title Insurance Compnaies of impending claims (usually by unpaid tradespeople) against real estate taht would cloud title. Second, if you re-read what this attorney sent you, it sounds to me like they are offering to represent YOU as YOUR attorney. Accordingly, they are not debt collectors or a CA working for Discover (IF they are, then there is a SERIOUS FDCPA violation here). Practices vary from state to state but it sounds like summonses in your state are filed with the Court before they are put out for service, and this attorney got their information from Court records, which are (unless sealed bya Judge) public records open to inspection by anyone.
Re: Re: A New Trick by the CA ? I checked the public records under my name and found no such information. This is why I suspect it is some sort of trick initiated by the CA or Discover.
Re: Re: Re: A New Trick by the CA ? Lets hope it is Drdeleto. I'd just call em and ask. But don't admit anything. If they try and pin you down HANG UP! You'd have a beautiful case if it is. Let us know. .
Re: Re: Re: A New Trick by the CA ? What we have here is possibly this situation: An attorney representing Discover Card is offering you his services as an attorney to represent you AGAINST Doiscover? That is a SERIOUS ethics violation and could get the attorney disbarred. If I were you I would call this person and make an appointment with him. See what he has to say. Ask if he is willing to accept a retainer. If he accepts a retainer and is already representing Discover, he can and probably will be disbarred. If he declines the retainer and he is representing Discover you have him on a FDCPA violation. If he accepts the retainer and is not representing Discover, then you just hired a lawyer to represent you.
