Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.

How A Good Bankruptcy Lawyer Can Help You

Bankruptcy laws are extremely complicated and nearly impossible for the average person to understand. With the new bankruptcy laws that have been recently put into action, the laws have become even more complicated. This is why it is important to hire a bankruptcy lawyer if you are considering filing bankruptcy. He or she can help you choose the right chapter of bankruptcy for you.

A bankruptcy lawyer specializes in the laws as they pertain to filing bankruptcy. However, not every lawyer is versed in the laws of your particular state. That is why it is very important to go with a local lawyer who is familiar with the bankruptcy laws of your state. The laws can be considerably different from one state to another. So make sure that the lawyer you choose not only has experience working in your state, but is licensed to work with cases in your state as well.

When choosing a bankruptcy lawyer it is important that you feel comfortable working with him or her. Filing bankruptcy is a very emotional and life changing experience. Therefore, you will want a lawyer that understands what you are going through. An experienced bankruptcy lawyer will know exactly how to handle any of your concerns or fears. One of the best ways to get a feel for your lawyer is to interview him or her. Be sure to ask plenty of questions so that you have a complete understanding where he or she stands on certain matters. Also, be sure to ask what their success rate is and if he or she has handled cases similar to yours before.

When filing bankruptcy, your budget will be a key element. Therefore, you will want to make sure you have a full understanding of any and all fees your lawyer will be charging. Generally speaking, a bankruptcy lawyer charges a sizable fee for his or her services. You will be responsible for paying for the actual bankruptcy, which varies depending on what type you file for. Chapter 7 bankruptcy runs around $300. Then, your lawyer will charge approximately $1000 to $2000. If the fee is too high, you will want to consider another lawyer. But keep in mind that legal services are going to cost something, and it may be to your advantage to pay a bit more for an excellent lawyer, rather than paying much less for a bankruptcy lawyer with far less experience.

Picking a reputable bankruptcy lawyer is crucial to the outcome of your case. Therefore, you do not want to choose a lawyer at random. Picking a lawyer blindly out of the phone book could have a negative impact on the overall outcome. When choosing a lawyer, ask family and friends for recommendations. Although they may not have personally filed bankruptcy, they may have another friend who can recommend someone. So be sure to ask around. If you cannot find a personal recommendation, you can check with the Better Business Bureau to see if they have had any negative feedback on a lawyer you are considering.

Do not pick out a bankruptcy lawyer at the last minute. Be sure to do some advance planning and research. Otherwise, if you pick a lawyer at the last minute you could end up with a lawyer who is not experienced in the area you need or whom you do not feel comfortable working with.

No one likes to admit that they need help. However, when filing bankruptcy it is essential that you work with a lawyer who specializes in the field of bankruptcy. He or she can help make the overall process a lot smoother and easier. With the laws that are in place today, it is vital that you have an experienced lawyer who has a full understanding of the laws and can help you through the bankruptcy process.

Criminologists and Why Criminologists are Needed in the Criminal Justice Field

It behooves society to find ways to reduce crime. It makes for a better society and better quality of life. Citizens feel free when there is no or low crime.

One of the professions society entrusts with reduction of crime is criminology. A criminologist studies crime and criminal behavior in an attempt to find solutions that would help combat it. In this article, I will discuss why criminologists are need in the criminal justice field.

First of all, the criminal justice profession and society at large need to understand why certain groups of people commit crime. Understanding why people commit crime helps develop programs to prevent it.

This is where criminologists come in. They will gather the criminal data or record for this group. The criminologist will then analyze this group data to see if there are any trends that could be causing this crime. If he or she does find a trend, he or she can then make recommendations to the criminal justice profession or society on what can be done to combat the crime.

Second, it is said that those that ignore history are bound to repeat it. So, it is in the best interest of the criminal justice system and society to study the history of criminals.

The criminologist plays this role for society and the criminal justice system. The criminologist studies the history of criminals. This study reveals what leads criminals to commit crimes. With this revelation, the criminal justice system and society can develop programs to help people at risk before they become criminals.

Third, the criminal justice profession and society need to constantly evaluate the criminal justice system. An unexamined system can become obsolete.

Criminologists also play this role. They will evaluate the criminal justice system to make sure it is keeping up with the times. With the rapid advancement in technology, it is imperative that the system keep up with this technology.

It is not just technology that needs to be kept up to date. The system of crime and punishment must also meet with the times. Things that were used years ago may not be effective in the modern time.

Fourth, as with any profession, the criminal justice system must develop the staff for tomorrow. Without new blood being pumped into the system, the system will die a natural death.

This is another role the criminologist must play. The ones with advanced degree teach the new students of the profession. They teach the history, theories, and concepts that underlie the system. It is important that the new students understand these history, theories, and concepts.

Finally, the criminal justice system must maintain crime statistics. Without maintaining crime statistics, predicting future crimes will be difficult.

Again, the criminologist is needed here. The criminologist will collect and catalogue crime data. This data will then be analyzed to predict future crimes. This prediction will then be shared with law enforcement agents. The law enforcement agents will then use the information to stop crimes before they happen.

The criminal justice system and society surely need criminologist. If you are interested in becoming a criminologist, you have vital roles to play. You will need to learn more about the profession and all the things that are expected of you. You can find more information on becoming a criminologist by visiting websites that have more information on the subject.

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