Question:
I currently owe Wells Fargo money on a unsecured credit card along with
others. They have sent it to an attorney acting as a collection agent and
have threatened me with a potential warrant in debt. I want to try and see
if I can make some type of payment arrangement with the creditor before I
consider my next alternative(BK). Am I able to send a letter to the
collection attorney or even a collection agency stating that I want to deal
with the original creditor and get them off my back while I talk to the
creditor?
Answer:
You can send such a letter, but it has no legal weight. Wells Fargo is
within its rights to refuse to deal with you and to insist that you deal
with its collection agent.
FWIW, when I handle collection cases, I tell the client that whenever they
get a communication from the debtor, they say that all communications
regarding the matter will be handled only through their attorney.