I have been sued by an attorney hired by who I thought was a friend to gain $3650.00 that I do owe him. We had an arrangement I thought but that isn't the case now. The attorney sent me some papers to sign with a payment arrangement but I am reluctant to sign these papers for fear that I won't be able to meet the requirements. He is threatening that if I don't sign then it will go to court and cost me another $880.00 in fees. What exactly are my options, I want to pay the debt back, I am in the process of selling my house so I can repay this debt and a few others but don't want the lawyer to know this. Help I am a knucklehead in these matters and I have learned don't take a friend up on an offer to loan money if you don't him very well.

Thanks,

Rick

Is any of this in writing that you owe this alleged debt?

If not demand proof the alleged debt, and dispute the alleged claim with the attorney.

Never agree to anything without proof it it valid.

I understand you said you owe it, but is it in writing.

There are many attorneys that only take payment if their clients are paid including Debt collection. So, like a debt collector, he will try to intimidate to get the money.

It appears that something changed in your friends life to cause the sudden change. Like mr. yet said ask for proof of the debt and never own up to anything until you speak to your lawyer and/or go to court.

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Originally Posted by RetiredNavy

There are many attorneys that only take payment if their clients are paid including Debt collection. So, like a debt collector, he will try to intimidate to get the money.

It appears that something changed in your friends life to cause the sudden change. Like mr. yet said ask for proof of the debt and never own up to anything until you speak to your lawyer and/or go to court.

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Yes I feel very intimidated, but I did admit, in a letter to the lawyer that I owe the debt, just being honest. I don't believe he has any writing that says I owe anything though. Even if I owe the debt I should demand proof of the debt? Thanks for the quick responses.

Rick

I concur with the advice already given about demanding proof of the validity of the debt.

A petition in small claims court MUST be supported with records showing proof of the debt. Also, if partial payment is accepted and can be proven, this makes the claim invalid.

Although payment arrangements through an attorney might still reserve the right to sue in the event you are unable to fulfill the requirements.

Know your rights and don't allow yourself to be bullied, even if you *do* owe the debt.

If it were me, I would attempt to send a check, money order, or cashier's check to make some sort of payment to the "friend" personally. If they accept the payment, you can get the case dropped.

Best Wishes!

I did not know that! Just making attempt to pay the debt can make legal preceedings stop. Is that dependent on the state!

All civil matters are governed by State law, I believe.

In Texas, any civil matter resulting in $5000 or less is venued in small claims instead of the regular docket. Whereas Rhode Island is only $1,500.

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Originally Posted by RetiredNavy

I did not know that! Just making attempt to pay the debt can make legal preceedings stop. Is that dependent on the state!

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It won't stop ALL legal proceeds but in cases of small claims court, it can. Another example is hospital bills or other debts, if you will send at least $5.00 per month before the debt goes to collections, it will prevent the collection process. Yet, also be aware of any late fees or other clauses, but in most instances, this rule of thumb applies.


These might be useful sites for small claims court:
Guide to Small Claims
Small Claims Frequently Asked Questions
Your Rights in Small Claims Court