Author Topic: Should you ever consider filing a handwritten lawsuit?  (Read 1103 times)

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olywa

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Should you ever consider filing a handwritten lawsuit?
« on: December 11, 2014 09:38:45 AM »
Yup...just like it sounds. A great topic for discussion in a thread that explores "Agressive methods" credit repair.

With that intro, here's a potential scenario;

I default on a credit card & it goes to collections. The CA tries unsuccessfully to extract blood from this turnip & after about 90 days, sends my account back to the OC, generally due to me refusing to pay. So there it sits...a $1000 charged off credit card, clearly within the SOL.

SO...for whatever reason, I'd really really like to get this tradeline REMOVED in it's entirety. They, flat out, won't do a PFD...so I've considered this;

So I find some; crazy consumer protection statute, state licensing regulation, or whatever...and compose a lawsuit complaining of my 'issues' in their entirety. AND...I compose my suit, both the summons & complaint, entirely in my handwriting. It of course has to have at least SOME merit...I'm not just advocating filing a jibberish complaint & receiving sanctions...the claim/case/cause would of course be real & founded.

Ok...so I go & serve the defendants counsel/registered agent w/the summons & complaint. The attorney will most certainly, by the presentation, presume you to be a nutjob jailhouse lawyer...and mostly, he'd be correct. BUT...jailhouse lawyer or not, he still has to mount a defense to the claim.

My issue is this. If you very 'tactfully' present yourself to the other side as a nutjob....wouldn't they be MUCH more likely to just agree to your terms (give you the deletion via some type of PFD most likeky), as it's likley going to be much less difficult than dealing with you during court procedings?

My state has pocket service so this could all be done outside of a filing w/the court.

Thoughts to trying the jailhouse lawyer approach?


cgoodwin

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Re: Should you ever consider filing a handwritten lawsuit?
« Reply #1 on: December 11, 2014 11:08:42 AM »
In my opinion this will backfire.  They will see you as a "nut job" and will not take you serious because they will believe that you are not capable of navigating the court system. With pocket service, they will ignore you until the court is involved.  Once the court is involved, there may be filing requirements that don't allow for handwritten filings.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

kevinmanheim

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Re: Should you ever consider filing a handwritten lawsuit?
« Reply #2 on: December 11, 2014 11:53:45 AM »
There are better ways to come off as a nut job. I would not give a court the impression that I could not find a free word processor.

 

Bruno the JDB Killer

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Re: Should you ever consider filing a handwritten lawsuit?
« Reply #3 on: December 11, 2014 01:45:55 PM »
 GR 14
                     FORMAT FOR PLEADINGS AND OTHER PAPERS


   (a)  Format Requirements.  All pleadings, motions, and other papers filed with
the court shall be legibly written or printed.
  The use of letter-size paper
(8-1/2 by 11 inches) is mandatory.  The writing or printing shall appear on only
one side of the page.  The top margin of the first page shall be a minimum of
three inches, the bottom margin shall be a minimum of one inch and the side
margins shall be a minimum of one inch.  All subsequent pages shall have a
minimum of one inch margins.  Papers filed shall not include any colored pages,
highlighting or other colored markings.  This rule applies to attachments
unless the nature of the attachment makes compliance impractical.

   (b)  Exception for Trial or Hearing Exhibits.  This rule is not mandatory for
trial or hearing exhibits, but the use of trial or hearing exhibits that comply
with this rule is encouraged if it does not impair legibility.

   (c)  Application of Rule.  This rule shall apply to all proceedings in all
courts of the State of Washington unless otherwise specifically indicated by
court rule.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

hamsalad

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Re: Should you ever consider filing a handwritten lawsuit?
« Reply #4 on: December 11, 2014 03:35:58 PM »
I've never gone to this extreme, I must say. 

I have, though, filed FDCPA small claims actions, handwritten and fairly simple, and then once the defendant removes it to federal, I file a proper, typed amended complaint.

Then email opposing counsel when they'd like to confer about our Rule 26(f) discovery plan.  Not long after, a settlement offer comes.
"One simply sues when federal laws are violated."