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Can a lawyer continue to call you, and threaten to suspend your license, after liability of debt has been disputed in writing?
May 16, 2024
Litigation
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

I would need to know more facts to make a determination of the legality of the lawyers actions. Generally, rule 4.5 of the Colorado Rules of Professional Conduct prohibits lawyers from threatening to bring criminal, administrative, or disciplinary charges solely to gain an advantage in a civil matter. It allows lawyers, however, to inform others of potential violations if they reasonably believe the conduct is illegal. The rule aims to prevent misuse of legal processes for coercion in civil disputes, thereby maintaining public confidence in the legal system.

Also, under the FDCPA, once you have disputed a debt in writing, the debt collector, including a lawyer acting as a debt collector, must cease collection efforts until they provide verification of the debt. Continued calls and threats, such as suspending your license, are prohibited and considered harassment. Similarly, Colorado’s equivalent law, the Colorado Fair Debt Collection Practices Act (CFDCPA), reinforces these protections. If the lawyer continues to contact you or threaten you after you’ve disputed the debt, they may be violating both the FDCPA and CFDCPA.

Note again, however, that we need more facts. If the lawyer is collection a first party debt, for example, the FDCPA and the CFDCPA may not apply.

Because you may have legal recourse, I would recommend speaking to an attorney. At R&H, Partner Joe Lico has a lot of experience representing debtors in FDCPA and CFDCPA actions. If you would like a consultation, please ask for him specifically. Our office can be reached You can calendar a case assessment by texting us at 833-691-7255 or calling us at 303-688-0944.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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