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Should I negotiate with a creditor?

We rarely negotiate on a debt collection case because the fact is that the collector will often have a difficult time proving its case against you.

Many people contact our office asking for help with debt negotiation. Most times, we tell them that we are unwilling to help in that regard. Its not that we can't negotiate, that's far from the truth, but we cannot in good faith recommend to a client that they pay a debt that they either may not owe, or, that the collector cannot prove that they owe. Our job as your attorney is to protect your legal interests to the fullest, and if we allow you to pay on a debt that you may not owe, then we are not doing our jobs.

Whether we negotiate depends upon a few issues, and the most important issue is who the Plaintiff is (the debt collector) in the action against you. If the debt collector is a junk debt buyer or a collection agency, then 98 times out of a 100 it is not advisable to negotiate with them. In our experience, we believe that we can beat them in court every time.

The two exceptions to that rule are as follows. The first is where the collection agency or junk debt buyer actually has all of the documentary evidence that it needs to beat you in court. This is a very rare occurence. The second exception is where the debt is very low, as in a few hundred dollars. Sometimes, we have to recommend that it is cheaper to pay a $400 debt than to retain our services. That's a matter of simple math. Otherwise, we prefer to force the debt collector to file a lawsuit and then face them in court.

To be fair, there are other instances where negotiation is necessary. If an original creditor sues you, (like Capital One or Discover or Chase Bank) then you may end up in a negotiation situation. The reason is that the odds are much better that they can come up with the documentation that they need to prevail in court. They don't always come up with it, not by a long shot, but the odds are increased versus a junk debt buyer.

Contact our office today at 412-281-1250 or 1-888-536-6644 for a no cost, no obligation review of your debt collection law issue.

Clay Morrow, Esq.

Clay handles the claims that are filed against debt collectors who make illegal threats or who place improper marks on your credit report.  Clay typically can make the debt collector pay your legal fees.

Greg Artim, Esq.

Greg defends consumers who have been sued by junk debt buyers, collection agencies or credit card companies. The odds of success in these cases are tilted strongly towards the consumer.

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At Morrow and Artim, P.C. our focus is on Pennsylvania Consumer Law, whether its defending against collection agency lawsuits, suing debt collectors, handling unfair trade practice claims or assisting with identity theft matters.

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Morrow & Artim, P.C.
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