Author Topic: Trying to figure out what to do- sued by Kohn in WI  (Read 4228 times)

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WonderinginWI

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #105 on: July 20, 2017 03:57:01 PM »
Hi All,

Today Kohn filed a copy of a letter they sent to JAMS with the court. That letter indicates that Kohn has switched out baby lawyer for his boss in this matter.  It also implies that they are planning to proceed with the arbitration.  I am not sure if it is a bluff, but the attorney asks,

"Please advise as to the status of the matter, namely what is needed to proceed.  I have not received an invoice as of yet for any filing or initiation fee. Please provide an invoice if a fee is due."  Kohn definitely received the minimum standards from JAMS indicating that they would be  required to pay all but the $250 they ask from me.

So, looks like they might be planning to go the distance.

I need to get all my alleged violations of consumer law by Kohn and Midland fine tuned. I'll be posting those and requesting feedback.

Thanks!!

Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #106 on: July 20, 2017 07:12:28 PM »
With Midland? They are bluffing. That was a copy letter of what they sent to JAMS. No response required by you.

the judge granted my MTC


Kohn should not be filing anything with the court since they relinquished jurisdiction to arbitration. However, it is meaningless because they are not trying to use the court to collect.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BrokeBob

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #107 on: July 20, 2017 10:35:22 PM »
There is one possible reason why Kohn filed the letter with the court.  Or rather, one possible GOOD reason, rather than the many possible stupid reasons.

It looks like JAMS got a little confused when you initially filed against Kohn, then changed it to Midland. 

I think Kohn is trying to make the best of that, along the lines of "See, your honor, we are cooperating with the JAMS arbitration, but this thing is so messed up it's not our fault if this all blows up".  Then, if there is a complete SNAFU and everything falls apart, they will try to bring it back to the court's jurisdiction. 

Once JAMS gets everything straightened out, doubtful Midland will go very far with this. 

trueq

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #108 on: July 21, 2017 03:39:04 AM »
Kohn does that with the court all the time.

Their client never paid even though they lied to court about willingness to proceed.

Not your job to invoice them....Jams does that.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

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Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
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WonderinginWI

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #109 on: July 21, 2017 08:12:55 PM »
Thanks Bruno, Bob and Q,

I asked this privately of Bob but wondered if anyone else might know:

What type of fiduciary relationship does Kohn Law Firm have with Midland? How does Kohn get paid? Is it via a percentage of what is collected? Or does Kohn actually purchase debts from Midland (like Midland purchases from OCs) and, therefore, does its own determination of how much to expend in order to recover?

I am inquiring because I am wondering if I have upset the Kohn boys enough that they will arbitrate regardless of cost.
 

Bruno the JDB Killer

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #110 on: July 21, 2017 10:09:30 PM »
Thanks Bruno, Bob and Q,

I asked this privately of Bob but wondered if anyone else might know:

What type of fiduciary relationship does Kohn Law Firm have with Midland?

None. fiduciary relationships exist between licensed individuals and their clients in certain investment scenarios, not lawyers. Kohn's relationship with their client is none of your business, and any judge will tell you that.

 How does Kohn get paid?

Again, it is none of your business and immaterial to your case.


Is it via a percentage of what is collected? Or does Kohn actually purchase debts from Midland (like Midland purchases from OCs) and, therefore, does its own determination of how much to expend in order to recover?


See above answer. Don't pursue this, you'll just make a fool of yourself in court and the judge will lose respect for you.

I am inquiring because I am wondering if I have upset the Kohn boys enough that they will arbitrate regardless of cost.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Clydesmom66

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #111 on: July 21, 2017 11:17:02 PM »
What type of fiduciary relationship does Kohn Law Firm have with Midland? How does Kohn get paid? Is it via a percentage of what is collected? Or does Kohn actually purchase debts from Midland (like Midland purchases from OCs) and, therefore, does its own determination of how much to expend in order to recover?

HOW Midland has retained Kohn is protected and privileged information.  You will not be able to find this out.  It falls under attorney client privilege. 

Most likely they are on a fixed retainer.  i.e. Midland pays them a flat amount per year to handle a specific number of cases.  Since 90% or more are default or consent judgments it is EASY money for them because under both the consumer pays the attorney fees as part of the judgment. 

I highly doubt that Kohn is purchasing the debts from Midland.  If that were the case Midland would not be the Plaintiff, Kohn would. 

What is possible is that Kohn advises Midland it is worth pursuing arbitration and Midland agrees and does so. 
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

WonderinginWI

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #112 on: July 22, 2017 12:05:13 AM »
Quote
Don't pursue this, you'll just make a fool of yourself in court and the judge will lose respect for you.

I was not inquiring about the Kohn-Midland connection with the intent of using that information in my case.

I was inquiring because I was trying to determine whether it is Kohn's or Midland's decision to make about whether to arbitrate.

Ultimately, you are correct. It doesn't matter. I will just have to wait and see what happens.

CleaningUp

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Re: Trying to figure out what to do- sued by Kohn in WI
« Reply #113 on: July 22, 2017 01:33:29 AM »
it is ultimately the plaintiff's decision to go forward of settle.  The attorney does have the ability to tell the plaintiff what the chances of success might be and how much it is going to cost him.

And, yes...That relationship is irrelevant to the defendant.

 

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