Debt Collector Contract to collect a judgment

[BikerGuy]

What is the name of your state (only U.S. law)? Florida

I got a judgment in a divorce for over 50k. I negotiated a deal with a debt collector in Orlando that they would bear all legal expenses in exchange for a higher commission on what they collect. The agreement/contract was signed by a guy named Kirk. After working on attempting to collect from my ex, eventually, another guy stepped in and claimed that Kirk should not have signed the agreement, and closed the account.

What I want to know is whether this is a breech of contract? My thinking is that if an employee signs an agreement with a customer, then the company must honor that agreement and also that if Kirk should not have signed that agreement, then the company needs to deal with him, but still honor the agreement.

If I am correct, I would love to find a lawyer in Florida to handle this on a contingency, say 60/40 split. This is a large credit collection agency.

Thanks!!

 

[adjusterjack]

What I want to know is whether this is a breech of contract? My thinking is that if an employee signs an agreement with a customer, then the company must honor that agreement and also that if Kirk should not have signed that agreement, then the company needs to deal with him, but still honor the agreement.

Ordinarily you would be correct. Google "apparent authority." However, this is a breach of contract without any monetary damages so you would be wasting your time suing. There was never any guarantee that any money would be recovered so you aren't out anything.

If I am correct, I would love to find a lawyer in Florida to handle this on a contingency, say 60/40 split.

Forget that.

Get yourself another collection agency. This time make sure you deal with a principal of the company.

 

[HRZ]

I disagree that OP has not suffered any damages due to contractors deliberate dropping of collection efforts

THere may be problems to zero in on his loss..short of paying another to get it done and then working the numbers backwards.

Of course if dealing with a judgement proof individual there would be no collection and no loss.

(And judgements may be very hard to collect in Fl )

 

[BikerGuy]

The collection agency is in Florida. My ex is in North Carolina. I need to find an attorney who will do what needs to be done in North Carolina, on the same basis as the collection agency, on commission. If you know of an attorney in the Charlotte area, please let me know. Thanks!

 

[Shadowbunny]

The collection agency is in Florida. My ex is in North Carolina. I need to find an attorney who will do what needs to be done in North Carolina, on the same basis as the collection agency, on commission. If you know of an attorney in the Charlotte area, please let me know. Thanks!

We don't make referrals on this forum, and reputable attorney's don't look for clients here. However, there are several attorney review sites out there, and you can use the "Find a Lawyer" link from the home page. I'm sure you'll have no trouble finding a good one.

 

[HRZ]

You cannot squeeze blood from a stone....Sure might help your quest to be able to show he has the clear ability to pay . Levy on his wages ..after judgement is domesticated into NC ?

 

[latigo]

What is the name of your state (only U.S. law)? Florida

I got a judgment in a divorce for over 50k. I negotiated a deal with a debt collector in Orlando that they would bear all legal expenses in exchange for a higher commission on what they collect. The agreement/contract was signed by a guy named Kirk. After working on attempting to collect from my ex, eventually, another guy stepped in and claimed that Kirk should not have signed the agreement, and closed the account.

What I want to know is whether this is a breech of contract? My thinking is that if an employee signs an agreement with a customer, then the company must honor that agreement and also that if Kirk should not have signed that agreement, then the company needs to deal with him, but still honor the agreement.

If I am correct, I would love to find a lawyer in Florida to handle this on a contingency, say 60/40 split. This is a large credit collection agency.

Thanks!!

Try using a modicum of intelligence! Because suing the bill collector for specific performance of the "so-called" agreement - the earnestness and the manner and method employed in its fulfillment being at its sole discretion - would reveal a complete lack of it! In other words, a stupid undertaking!

Also, how many times do you need to be told that this isn't an attorney referral web site?