Author Topic: Dunning by new firm while arbitrating  (Read 270 times)

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The Litigator

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Dunning by new firm while arbitrating
« on: July 12, 2018 02:48:06 PM »
In AAA arbitration with a JDB who hired lawfirm A to counter sue me for alleged debt. I'm alleging FDCPA violations and various others. It appears my case might have been weak up until now...

We just had our preliminary conference.

I check my mail today. I found a dunning letter. The same JDB has now hired local lawfirm B to collect the debt.

How would you handle this? I have to admit I'm never had such a bizarre situation where the right hand doesn't know what the left is doing but it sounds like I can make this work in my favor.

CleaningUp

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Re: Dunning by new firm while arbitrating
« Reply #1 on: July 12, 2018 03:38:45 PM »
New law firm on the case?  New case...  Are you represented by a lawyer?

The DV is the road I would take as as would be informing them of the case being in arbitration.

We need to know a little more to determine what sort of violation it might be, if it is, indeed a violation.  The statute makes no reference to continuing collection activities while under arbitration.  As a matter of fact, the FDCPA doesn't even recognize arbitration as a means of dispute resolution.

The Litigator

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Re: Dunning by new firm while arbitrating
« Reply #2 on: July 12, 2018 03:55:31 PM »
New law firm on the case?  New case...  Are you represented by a lawyer?

The DV is the road I would take as as would be informing them of the case being in arbitration.

We need to know a little more to determine what sort of violation it might be, if it is, indeed a violation.  The statute makes no reference to continuing collection activities while under arbitration.  As a matter of fact, the FDCPA doesn't even recognize arbitration as a means of dispute resolution.

Murky water I see.

I'm pro se in AAA. I dragged JDB into arb. Paid my $200. JDB hired lawfirm A to defend. Lawfirm A counter sued for debt. That was expected.

Now we have local lawfirm B dunning me on behalf on the same JDB for the same debt. I was going to DV them regardless, however just wondering if maybe I should place a recorded call to them and quiz them about the arbitration. I'm wondering if local lawfirm B might lie.

CleaningUp

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Re: Dunning by new firm while arbitrating
« Reply #3 on: July 13, 2018 01:17:43 AM »
If you're comfortable with a call in addition to the DV, I see no problem with that.  You could easily catch them in a misrepresentation of the status of the debt if you script your questions correctly.

Yea, law firm B might lie...It the trick is to get them to lie about something on which you have some proof to the contrary...A question like "is this matter in arbitration" might get a desired response.

The Litigator

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Re: Dunning by new firm while arbitrating
« Reply #4 on: July 13, 2018 02:23:23 AM »
Yea, law firm B might lie...It the trick is to get them to lie about something on which you have some proof to the contrary...A question like "is this matter in arbitration" might get a desired response.

Exactly what I'm thinking CU.

However is it a "lie" if their client fails to inform them there is an arbitration? Bonafide error maybe?