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Wednesday, August 18, 2010
Attorney Collection Scams
Attorneys that do collections often practice based on contingency. The attorney is contacted by a scammer posing as a representative of a large international firm headquartered in another country. The scammer states that the company has no legal representation in the attorney's state, and needs to collect a debt from a company in that state. Scammer requests attorney email standard retainer agreement. This is commonly done, so attorney emails agreement, scammer signs and returns, and informs attorney that because legal representation has been obtained, the debtor has agreed to pay the debt by the end of the month. Red flag #1 is when the scammer requests attorney not contact the debtor company because the client wishes to maintain a working relationship with the debtor, saving litigation as a last resort. The attorney is instructed to contact the debtor only if the promised payment isn't made on the promised date. On the promised date, the huge check is delivered to the attorney, who deposits in the law firm trust account, keeps the attorney's contingency fee, and sends the rest to the scammer. Red flag #2 is that the scammer will request the money be wired to a foreign country, or insists on quick remittance. Sophisticated scammers will file articles of organization with both states, build web sites, and purchase prepaid cell phones with local phone numbers with scammers posing as both client and debtor. All of that can be done cheaply and easily on the internet.
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