[Puphappy]

In 2005 I required the services of a lawyer. My lawyer was paid in full prior to the trial date (what lawyer would go to court without full payment !) However, my lawyer used "illegal" practices while at trial and, when the Judge became aware of this, the case was adjourned to a future date. A new trial date was set and this time, I won the verdict. Unbeknownst to me, my lawyer was forced to pay fines between the two trial dates due to his behaviour. Following the successful verdict months later, I was sent an additional invoice by regular mail, which happened to be in the amount of the fines imposed on my lawyer by the court ( I learned this from the Paralegal who did all the running around and filing of documents etc.). I called my lawyer and told him I refused to bear the burdon of his fines. The matter then seemed to be resolved. Nearly 7 years later, and totally out of the blue, with no written notification prior to contacting me, I receive a phone call from a collection agent telling me I owe the amount of the additional invoice, plus accrued interest over 7 yrs. I respond with restrained shock... tell her I owe nothing to anyone... suggest if my former lawyer wished to collect he should have informed me 7 years ago, and initiated legal proceedings then... since he didn't, maybe he should do so now ! My feeling is that this lawyer has retired (he was old as God then), and he has sold a file containing unpaid invoices. An over-zealous young woman seems to have been the purchaser, and during our "chat" she made several threats before I hung up... ruining my good credit amongst them.

So, can anyone shed any light on my rights and how I should proceed ? Very grateful for some support right about now ! Thanks !

[cdad]

What exactly did the invoice say and do you have a receipt showing you paid in full before?

[Puphappy]

The invoice itemized every action taken to resolve "his" debt... i.e. meeting with trial judge, phone calls made, phone calls received, meetings attended... a long list of things unrelated to my trial result. In fact, he itemized attending a trial date, presumable mine, with a date that is totally incorrect. I do not have the original invoice... (I have moved house since and it's been lost)... but I would expect a collections agent to send this to me before demanding payment ? The receipts for payments made leading up to my "genuine" trial date are not in question... this amount is acknowledged as paid (presumably).

[ballengerb1]

PUPhappy, did you just give califdadof3 a red mark, bad rating? Looks like you did, not cool , he was asking for information not giving an answer. You did not tell is where you live but you should look up the statute of limitations in your area. This is likely a SOL debt and the collection guy bought it for a few bucks. Do not talk to them! Keep giving us details

[ScottGem]

The first thing I would I would check is the statute of limitations in your area. It is likely it has expired and there is no legal means that can be used to collect.

If that is the case, then don't worry about it. Just monitor your credit report and make sure she doesn't post it.

[Fr_Chuck]

Well first don't talk and tell a collection agency anything,
Refuse to talk to them on the phone and demand anything be sent in writing. Legally they are required to notify you in writing after contact by phone. If they contact you in writing, deny owing it, and demand they prove the debt is valid.
In addition, the SOL may have already ran out.

[Puphappy]

Did not intend to give anyone a red mark... perhaps an accident on my part... sincere apologies for the error. I'm in Ontario Canada. I've looked up the SOL, which appears to have changed as of Jan 1, 2004. Apparently, prior to that date it was six years, but has changed to two years. In either case, the SOL is up. The woman contacting me is incredibly abusive. She doesn't attempt to establish who she is talking to on the phone, she just launches into yelling "get off the couch and pay your debts" etc.! I actually asked her to calm down before she blew a fuse. She yelled that I have one hour to fax her a receipt for payment made, or we'd go through this all again, then she hung up on me. Obviously her tactic is intimidation and she offers no facts during her rant. Upsetting, nonetheless. Thanks for your help, all !

[ballengerb1]

She is trying to bully you in hopes of getting you to slip up and offer to pay or settle. That would restart the sol and she might get a judgement in court. Do not converse with her any further. Tell her to prove the debt. In writing, and to not call any further.

[ScottGem]

I believe Canada has a law similar to the US where you can tell this person that any further correspondence needs to be by mail and to cease calling. Then hang up.