Should I pay court costs and attorney fees without knowing how much it is?

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Should I pay court costs and attorney fees without knowing how much it is?

I have agreed over the phone to an attorney who is representing one of my creditors to begin a payment plan where I will send money every month to the Attorneys office until debt is paid. That’s all I agreed too. This didn’t go to court. When I received the letter in the mail to sign, it stated I will pay debt including attorneys fees and court cost. I left a message for attorney to call me back so we can discuss this but he won’t return my calls. What should I do?

Asked on January 23, 2012 under Bankruptcy Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to file a complaint against this attorney with the state bar in which he practices for fraud. Never ever agree to anything regarding a debt by a simple verbal communication. You can create a longer statute of limitations for which the company or collection agency can sue you. Instead, talk to the creditor directly and in writing only and indicate you will agree to pay x amount per month. Otherwise, you can simply dispute the very existence of the debt or the requirement to repay it by disputing it with the credit reporting agencies it is showing up on, or simply ignore the writing that discusses attorneys fees and court costs since you left voicemails or write the word rejected and return as is with no signature or counter. You have to watch this debt and process very closely.


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