Author Topic: Question About TCPA Case & Lack of Lawyer Motivation  (Read 214 times)

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daveg43

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Question About TCPA Case & Lack of Lawyer Motivation
« on: December 06, 2017 03:29:59 PM »
I'll try to make this question brief.

4 years ago, filed TCPA and FDCPA action against Portfolio Recovery with the assistance of a lawyer.

It went from a PA court, got packaged into a class action, I opted out of class action given the number of calls and violations.

Class settled 8 months ago.

I have no idea the status of my case. The lawyer is rather unmotivated, from what I am finding.

How can I move things along, or should I see if another attorney will take the reigns and file an ineffective assistance of counsel motion to remove the first attorney from any rights to compensation?

Never heard a case like this drag on for 4 years.

Flyingifr

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Re: Question About TCPA Case & Lack of Lawyer Motivation
« Reply #1 on: December 06, 2017 04:25:02 PM »
I think you need to find another lawyer to pick up the ball. Frankly, after 4 years I would find it hard to believe the case has not been dismissed by the Court. Check the Court records first to ascertain the status of your suit.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

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montag

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Re: Question About TCPA Case & Lack of Lawyer Motivation
« Reply #2 on: December 08, 2017 04:47:51 PM »
Frankly, after 4 years I would find it hard to believe the case has not been dismissed by the Court. Check the Court records first to ascertain the status of your suit.
No kidding their counsel would probably have that dismissed for lack of prosecution due to your lawyer's lack of action.

daveg43

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Re: Question About TCPA Case & Lack of Lawyer Motivation
« Reply #3 on: December 10, 2017 02:35:13 PM »
Apparently, several cases are STILL in MDL.

I contacted several larger (one smaller) FCRA/TCPA lawyers - they want fresh cases.

As I backed out of the class, I assumed once it got out of MDL that it WAS a fresh case since I'm opting for private action.

Nonetheless, it's STILL in MDL.

If there's a Debtorboard expert who can drop a suggestion as to how to get this case out of MDL, or suggest an attorney maybe I haven't thought of that can show cause as to why this case is still sitting in multidistrict litigation, I'd appreciate it.

chester474

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Re: Question About TCPA Case & Lack of Lawyer Motivation
« Reply #4 on: December 12, 2017 06:14:19 AM »
Call your attorney for an explanation.

If the attorney doesn't respond send a complaint to the body that governs the practice of law in Pennsylvania - being sure to include a copy of everything you have on the matter - too much information can't hurt - that should get the attorney of your attorney.


 

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