Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?
The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that? Should I informed the court and get the judge to confirm who’s the attorney for plaintiff that should communicate with me? I’m confused. Also, I’m a victim of ID Theft and the $6k debt isn’t my responsibility. What’s the best way to proceed to win this case? I filed my answer in a timely manner about a month and a half ago and no activity is showing on the suit since. What should I do? Thank you.
A:
A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed to win the case - that's something a Texas attorney could advise more meaningfully on after reviewing the file and origins of the collection action and identifying what viable defenses you might have. Good luck
Tim Akpinar
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