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DON'T BE HAMMERED BY YOUR DEBT

DON'T BE HAMMERED BY YOUR DEBT

Thursday, October 18, 2007

I am not your lawyer!

I know the health care insurance world is in crisis. I know that because I teach seminars on debt collection and give speeches on ways to fix the health care system. But how I really know it is the pleas from desperate people I receive as a result of this blog. This blog is here to provide information. It is not a solicitation for clients. I now receive an average of twenty emails a week from people describing their specific situation and asking for legal advice. I also receive an average of three telephone calls a week from the truly brave or the truly desperate. These requests break my heart. But I can't respond to them. I am licensed to practice law in the states of Tennessee and Mississippi. I've passed the bar in Alabama, but due to geographical distance, no longer practice there. I am not licensed to practice law in any other state. The rules of my profession prevent me from giving advice on what to do in New York or California or any where else I am not licensed to practice. Additionally, I'm not your lawyer. You and I don't have an attorney client relationship. You haven't hired me, you haven't paid me and I haven't agreed to be your lawyer. Finally, I have an active practice with clients who are actually my clients. Tending to their needs and problems takes all the time I am willing to sacrifice away from my family. I will continue to update this blog and provide as much information as I can. But please understand, if I don't respond to your email and tell you what to do, it's not because I'm being rude or stuck up. It's because I'm not your lawyer.

4 comments:

Jamie T. said...

Mr. Herrin, I just want you to know that there are many, many of us out here who are very grateful for what you're doing here, and very appreciative of the time you have taken out of your life to provide the valuable tips and share the information that you've shared. You didn't have to, and on the behalf of those of us who see your heart I would like to say to you - Thank you. Please know that comes from the heart.

Mr. Herrin, I know and acknowledge that you are not retained as legal councel to me and have read your disclaimer, I will not ask you for advice legal or otherwise, I simply wanted to ask if you could help clarify in my mind a few points you made in your prior posts. My husband and I both are currently being sued by debt buyers and are trying to defend ourselves. Here are 3 points I ask if you could please clarify: Regarding Your Post Dated 8/3/2006 1) Debt Validation - To see if I'm understanding what your post said; Question: - Can debt validation be requested AFTER the lawsuit has been filed against us, and if so, must the party bringing suit against us attempt to delay the trial date until they have complied with our request? Also, should the debt validation request be separate from our Discovery? 2)Sworn Denial - Question: If the Answer we file to a lawsuit is a SWORN general denial as opposed to a unsworn general denial, were you saying that means the other party MUST produce a live witness at trial, even if we don't petition the judge to force them to? 3)Discovery - Question: When you mention the step of filing a written Request for Production of Documents and asking for a copy of the contract or agreement, are you referring to the copy or portion which would contain our written signature at the time the contract was entered into, or just the contract in general? I thank you for any answer you might have time to provide. Best Regards, Jamie T. - eimajt@care2.com

Anonymous said...

Folks - this is a GREAT blog.
Seriously - a lawyer taking time to do this out of his schedule and family time.. Awesome, and hard to come by..

But please do your own research. This site is a great start. It should get you fueld to really research your issues.

There are quite a few great sites on the internet that also can help you, and some will even give you personal responses by folks who may be in simlar situation (message boards and other forums). Do a google search with "Debt Collection" or "Credit Card Collections" or something that will fit into your specific credentials. You may find what you are looking for but also keep in mind that most of these folks replying are NOT LAWYERS. Please do not fall into a worse situation - take all advice with a grain of salt, but know most of these folks were in your shoes at a time and may be able to offer guidance, or at least someone to complain to.

Seek Legal Advice when in doubt, and not from someone who has already said he isn't your counsil :)

Anonymous said...

and most importantly.. take a deep breath. Getting sued isn't the most horrible thing in the world that could happen to you..

Anonymous said...

Don't be a dick. Help.