A paralegal worked for a mid-size law firm. One of the partners practiced extensively in collections, including collection work involving debtors who have defaulted on auto loans. The paralegal was involved in many aspects of the collection work, such as drafting complaints, applications for default judgment, and occasionally had direct contact with a debtor. In one case, after the complaint had been filed and served, and the defendant failed to file an answer, the paralegal drafted an application for default judgment. After review by the attorney, the application was filed and a copy served on the debtor. Two days later at 4:45 p.m., the debtor showed up at the law firm and spoke with the paralegal. The debtor handed the vehicle keys to the paralegal, pointed out the window, and said, "There's the car. I can't make the payments, so I'm giving it back-per the loan agreement." Can either the lawyer, or the paralegal accept the return of the vehicle?
A) Yes, because the return of the vehicle is permitted under the loan agreement and the law firm would be acting on behalf of its client.
B) Yes, but only the lawyer can accept, not the paralegal.
C) No, because the debtor had failed to answer the complaint and the matter can only be resolved through the court system.
D) No, because the law firm would not be able to appropriately safeguard the vehicle or promptly deliver it to the client.
Correct Answer:
Verified
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