Attorney is adding to my debt

[Forestbrook]

What is the name of your state (only U.S. law)? MISSISSIPPI
Six months ago I had a judgment placed against me for approximately $1,500 for a medical bill that I could not afford the payment option. I have been paying the attorney $50 a month steadily on time as per our agreement. At each payment I receive an itemized receipt showing my balance. When I brought my payment last month I was informed by their collections manager that she had forgotten to add attorney fees of $550 to my total. The only paperwork I have ever seen from this attorney concerning my total is the receipts I receive every month. When I asked how they could give me 5 receipts showing my balance and then add another $550, I was informed that lawyers do not always add their fees at the first bill. Also, thes fees are in the judgment so there is nothing they can do about it. This month when I arrived with my payment, I was told that they had also forgotten to add interest of 8%. At no time in speaking with them has anyone mentioned to me anything about interest. I have 5 receipts showing my total without either of these. All their collections manager could tell me was that this is normal practice. So, is this legal? If not, what can do? I am very concerned that this is going to become a perpetual problem.

 

[quincy]

What is the name of your state (only U.S. law)? MISSISSIPPI
Six months ago I had a judgment placed against me for approximately $1,500 for a medical bill that I could not afford the payment option. I have been paying the attorney $50 a month steadily on time as per our agreement. At each payment I receive an itemized receipt showing my balance. When I brought my payment last month I was informed by their collections manager that she had forgotten to add attorney fees of $550 to my total. The only paperwork I have ever seen from this attorney concerning my total is the receipts I receive every month. When I asked how they could give me 5 receipts showing my balance and then add another $550, I was informed that lawyers do not always add their fees at the first bill. Also, thes fees are in the judgment so there is nothing they can do about it. This month when I arrived with my payment, I was told that they had also forgotten to add interest of 8%. At no time in speaking with them has anyone mentioned to me anything about interest. I have 5 receipts showing my total without either of these. All their collections manager could tell me was that this is normal practice. So, is this legal? If not, what can do? I am very concerned that this is going to become a perpetual problem.

From what you have posted, the way you are being billed does not seem proper to me.

Here are two links for you to review, the first to the Mississippi Bar Association's Rules of Professional Conduct and the second to The Mississippi Bar Association's "frequently asked questions" on Bar complaints.

When you access the Rules of Professional Conduct, you might want to scroll to Page 14, Rule 1.4 Communications; Page 18, Rule 1.5 Fees; and Page 127 et seq, Rules 8.1-85, Maintaining the Integrity of the Profession.

Rules: https://courts.ms.gov.rules/msrulesofcourt/rules_of_professional_conduct.pdf

Complaints: http://www.msbar.org/ethics-discipline/disciplinary-process/frequently-asked-questions.aspx

Good luck.

 

[TigerD]

What is the name of your state (only U.S. law)? MISSISSIPPI
Six months ago I had a judgment placed against me for approximately $1,500 for a medical bill that I could not afford the payment option. I have been paying the attorney $50 a month steadily on time as per our agreement. At each payment I receive an itemized receipt showing my balance. When I brought my payment last month I was informed by their collections manager that she had forgotten to add attorney fees of $550 to my total. The only paperwork I have ever seen from this attorney concerning my total is the receipts I receive every month. When I asked how they could give me 5 receipts showing my balance and then add another $550, I was informed that lawyers do not always add their fees at the first bill. Also, thes fees are in the judgment so there is nothing they can do about it. This month when I arrived with my payment, I was told that they had also forgotten to add interest of 8%. At no time in speaking with them has anyone mentioned to me anything about interest. I have 5 receipts showing my total without either of these. All their collections manager could tell me was that this is normal practice. So, is this legal? If not, what can do? I am very concerned that this is going to become a perpetual problem.

The employee made a mistake and fixed it.

No worries. You knew what was in the judgment so there is no surprise for you.

You are clearing your debt at about $336 per year after interest - it should only take about 6 more years.

TD

 

[Forestbrook]

TD, that's the issue. I did not know what was in the judgement. I have never been through this process before. I trusted that the attorneys knew what they we doing and that the balance they provided was correct. The only document I saw until yesterday was the papers I was served with that did state that the attorney fees of $ 550 were being sought. Yesterday was the first time I saw a copy of the actual judgement. Which they are included. Here is my issue: last month when they presented this to me, I asked if they would be adding more fees that they may have forgotten about, her response was "That is ridiculous, everything you owe is on the bill". This month when i came in, they have added another 8%. Where does it stop? Can they next month raise my monthly payment to something I can't afford to force a garnishment? Are there other fees that I do not know about right now that they can add?

 

[ShyCat]

Since you saw a copy of the actual judgment yesterday, you now know everything (principal, fees, interest rate, etc.) that is included. It's not a mystery.

 

[Forestbrook]

Correct it is not a mystery. I get that. That doesn't answer the question of what is next. What other, if any, additional fees an be attached? Can they raise my monthly payment at will? I may be misunderstood here, I am not trying to find a legal loophole to get out of paying my debt. I am however seeking advise on dealing with a firm that has misinformed me before. I do not want this to be a perpetual issue

 

[Zigner]

Correct it is not a mystery. I get that. That doesn't answer the question of what is next. What other, if any, additional fees an be attached? Can they raise my monthly payment at will? I may be misunderstood here, I am not trying to find a legal loophole to get out of paying my debt. I am however seeking advise on dealing with a firm that has misinformed me before. I do not want this to be a perpetual issue

You owe what the judgment says you owe, regardless of the clerical error.

 

[Forestbrook]

Please answer the above questions or do not reply. I know I owe what the judgment says.

 

[Zigner]

Please answer the above questions or do not reply. I know I owe what the judgment says.

Good day to you.

 

[Forestbrook]

That's a reply

 

[Zigner]

That's a reply

Yes it is. You're asking that I answer your question after I answered it. I can see why you are having trouble.

 

[Forestbrook]

You answered whether or not they can change my monthly payment? Or are there more fees they can possibly add ? I clearly stated I am not trying to get out of paying a judgment. I would just simply like to be informed as to what could happen next

 

[Zigner]

You answered whether or not they can change my monthly payment? Or are there more fees they can possibly add ? I clearly stated I am not trying to get out of paying a judgment. I would just simply like to be informed as to what could happen next

I didn't answer whether or not they could change your monthly payment.

 

[Forestbrook]

Well then, do not claim that you answered my question and then insult my intelligence.

 

[Zigner]

Well then, do not claim that you answered my question and then insult my intelligence.

You are a peach.