Author Topic: Possible tcpa case?  (Read 4053 times)

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Re: Possible tcpa case?
« Reply #45 on: November 21, 2017 07:04:38 PM »
Gonna send out a demand letter with a fully filed out complaint. If the my donít pay or work something out Iím going to file the case myself. There will be an opportunity to settle the case before things start to happen. I will use not having an attorney as leverage to settle the case. If they donít, Iíll let an attorney handle it.
Should this be filed in federal or state court?

1.  They may not settle so easily. MANY businesses are now carrying insurance specifically for TCPA claims because of the number of frivolous or borderline cases consumers have threatened or filed pro-se.  The days of easy go away money on these claims are over.  Despite the sunshine a small number on here spew about how easy these claims are they really are not.  You also have ZERO experience and they will sniff that out in a New York minute.

2.  Your not having a lawyer is leverage for THEM not you.  Once they realize you have ZERO clue about trying a case they will tear you to shreds with an average mediocre lawyer.  They don't even need a top gun for this.

3.  Once you file the case pro-se you will NOT get a lawyer to take over.  They do not want the liability of cleaning up your mess after you made it. 

Again, you are in over your head.  Hire a lawyer now or abandon this you are not equipped to handle a pro-se case as the Plaintiff.
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.