Ok so I have this one collection agency "posing" as an attorney. I am getting ready to send out a dispute letter, but want to know how I can put something in there for them to show me they are an ACTUAL attorney. What do you guys think or suggest? Thanks!
Not sure what you mean. An attorney can be a CA and a CA can retain an attorney in house or outside. What's the issue? If you believe he's being deceptive, GET IT IN WRITING.
My problem is that I believe they dont really have AN ATTORNEY's license, but is posing as one which is illegal. SO I wanted to know how to word my letter to request proof of them being an actual lawyer or if anyone else has done this before.
Check with your state bar to see if he is licensed. State bars do not like people claiming to be attorneys who are not licensed.
First get the persons Name claiming to be the Attorney. Then ask to be faxed or sent a copy of their 'bar card'. The are required to present this to anyone who asks. Get the name first so they don't fax or send you the bar card of their Attorney. If the guy who claimed to be a attorney can not prove it to you, then do as the above post and file a complaint with your States bar. They do not look at this lightly. It could cost them their bond to collect in your state.
Just an FYI, It's not against the law to say you're an attorney, it is illegal to practice law without a license.
It may not be criminal, but it is civil, I work for the Clerk of the Court in my County, and the Florida Bar will file a 50k civil suit against you if you claim to be an Attorney. Which they would take from the CA's bond as soon as the Judgment was issued. I just saw a case recently where someone at a repo-lot claimed to be an attorney, the person who's car got repo'ed ask to see their bar car, they did not produce it. The next day a lawyer from the Florida Bar was on site, serving them with a civil suit. The person got their car back, and the repo lot is now out of business.
There is also plenty of Federal law barring deception or misrepresentation when attempting to collect a debt. See FTC site.
Re: Re: CA posing as attorney You are correct, it is practicing law. and so are most of the instances listed. What I referred to is if someone just in conversation mentioned they were an attorney, that's not illegal. But, anytime someone represents themselves as an attorney in any formal capacity, it's practicing law.
