Author Topic: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI  (Read 7204 times)

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beingsued2010

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Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« on: August 04, 2010 05:57:54 AM »
 So long story short, scumbag Kohn Law firm is suing me for an alleged credit card debt of around $1250. I never got any Notice to cure default before the suit was filed. The only letter I got from them was a notice where they said that they had been hired by Capital One to collect on this debt, and no lawyer had yet reviewed this case. After no response from me, they filed suit.

They mailed me the summons and complaint, and submitted affidavit of mailing in court.

Location: Wisconsin (Dane County Courthouse)

I do not know if I need to respond to this complaint or just show up in court on the return date.

I wanted TrueQ's help here since he seems to be knowing all about Wisconsin law and wanted to know how to go forward with this.

The only time I have contacted Kohn was a discuss a settlement which they never agreed on.(This was after they filed suit).


I am not sure if arbitration is the way to go or use the "notice to cure default" defense.

My court date is in 20 days so any help will be greatly appreciated. THANKS!!

The summon/ complaint goes something like this:

Now comes the plaintiff by the KOHN LAW FIRM S.C; plaintiff's attorneys, and for a cause of action against the defendant(s), alleges as follows:

1. The plaintiff seeks to enforce a cause of action arising from (a) credit transaction(s) indentified herein

2. The plaintiff and defendant entered into a charge account agreement and defendant(s) ourchased various goods, merchandise and/or services utilizing said charge account(s), identified as follows:

Account # XXXXXXXXXXXXXXXXXXX

3. The defendant(s) defaulted under the terms of said charge account agreement(s) by failing to make payments on said account(s) when due and failing to cure said default.

4. The actual or estimated amount of U.S. dollars that the plaintiff is entitled to recover is summarized as follows:

Account # XXXXXXXXXX

Balance Due: $1254.29

5. The plaintiff will submit accurate copies of the writings evidencing the defendant(s) obligation, to the court and to the defendant, upon reciept of the defendant's written request therefor on or before the return date or the date on which the defendant(s) answer is due.

6. The defendant(s) refuse(s) to pay this debt despite due demand having made by the plaintiff.

7.: Notice: This is an attempt to collect a debt; any information obtained will be used for that purpose.
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CleaningUp

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #1 on: August 04, 2010 01:40:53 PM »

Read up on the arbitration in DB's arbitration section.  Your situation seems tailor-made for this route if you can keep yourself under Cap1 old agreement form (which contained arbitration clauses.)

Arbitrating this matter will cost them far more than the face value of the debt, so electing arbitration will face them with the choice of coming to some sort of reasonable settlement with you or paying 4x, 5x, maybe even 10x the debt to collect it.


DBs arbitration section is here:  http://www.debtorboards.com/index.php/board,121.0.html

TBirdLady42

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #2 on: August 05, 2010 12:36:25 AM »
I can tell you that I have had success with getting a suit dismissed without prejudice to allow pursuit of the claims in arbitration. I filed an answer to the summons and elected arbitration within the answer. Now, I did also file a counterclaim with my answer, and one of the issues I was counterclaiming about was the failure of the law firm to provide me with the Notice of Right to Cure Default, which is required in the WI Consumer Act.

I will caution you, however, that sometimes the filing of a counterclaim can lead to a waiver of arbitration, and the lines are not always clear as to when that waiver actually occurs.

Also, be sure to check out information on Chapter 128 - it's a very useful tool for folks in Wisconsin!!! (This is a wonderful tool to have in your back pocket as Plan B!!)

beingsued2010

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #3 on: August 05, 2010 01:41:50 AM »
So did you counterclaim invalidate the arbitration? I would definitely go for arbitration but I can't come up with the $250 they need eventually. If I do not get a waiver or KOHN wont pay for me, The judge might order me to pay which I can't. Do you think they will back down right after I file for arbitration? How expensive is it for them to go through with arbitration on a small debt around 1k

CleaningUp

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #4 on: August 05, 2010 02:06:33 AM »

Here's the choice:

1)  Take your chances that the judge orders you to pay the $250 (which may be counter to the terms and conditions of the CC agreement which usually state that the CC company will front the money if asked).

2) Take a default judgment on the $1K debt and possibly face some sort of attachment of funds.

The idea behind election of arbitration is to make the up-front costs of collecting so high that they either negotiate settlement in good faith or go a way.

So which do you prefer?



trueq

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #5 on: August 05, 2010 02:59:34 AM »
If it were me,

Cap1 has JAMS arbitration.

Answer the suit.  Include the demand for ALL writings under 425.109(2), need to include demand with answer or you waive this right.)

MTD for lack of "Notice of right to cure under 425.104 &105.

If that fails, MTC arbitration.    Initiate with JAMS.   Cap 1 is then faced with $2800 in arbitration fees on a $1200 issue.

That will make them stop and pause their lawsuit grinder, crunching on the bones for the poor, for a while.

If this is a collection attorney asking this....don't forget to read my disclaimer at the bottom....I'm either kidding or possibly I'm suffering from increadible sarcasm overload this week.

My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
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.
Redemption is always possible.

BrokeBob

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #6 on: August 05, 2010 03:31:45 AM »
Dane county has its own set of rules, which have been changed recently.  You should look them up online, and call the courthouse if you are still confused.  They also have free legal services on Tuesday mornings.

I believe that in Dane County you do NOT need to show up on the court date if you file an answer beforehand.  Again, I would call up the courthouse to make sure. 

As for what to file, I would follow Trueq's advice.  Failure to send the Notice of Right to Cure is grounds for dismissal, as is failure to provide evidence of the debt under 425.109(2).  A court of appeals decision says they can ONLY get a judgement for the money they can prove you owe!

http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=28988

TBirdLady42

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #7 on: August 05, 2010 10:50:56 AM »
No - my counterclaim did not invalidate my arb election. When it came time to go to court, the plaintiff (JDB with alleged BOA) moved for dismissal without prejudice so each side could pursue arb. Not a peep from them since that time....

BrokeBob

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #8 on: August 05, 2010 02:15:06 PM »
My own experience has been that Kohn disappeared when I elected arbitration (although this was BEFORE a suit).  YMMV.  They didn't seem to want to press the issue.

trueq

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #9 on: August 05, 2010 02:20:40 PM »
With Kohn, that is a win.

THEY SUE EVERYBODY!
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
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.
Redemption is always possible.

beingsued2010

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #10 on: September 28, 2010 01:32:08 AM »
STATUS UPDATE

Elected arbitration, Kohn acknowleged and asked the court for a stay for 2 weeks for me to initiate, I objected but the judge sided with Kohn, made me initiate and gave me two weeks for it. I initiated with JAMS.

Sent a copy of demand of arbitration to court and Kohn

RESULT : CASE STAYED PENDING ARBITRATON
Yaay! I was going for default judgement before I came here! And now I have leverage!

Thanks especially to TrueQ and this forum in general, you guys rock! :woohoo:

TBirdLady42

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #11 on: September 28, 2010 02:19:31 AM »
Congrats on your kicking of the case from court!!!  :drinking:

This definitely brings up some questions for the folks here in WI - seems that maybe KLF is getting more aggressive with the arb stuff.... Or maybe this is because it is Cap1 who doesn't care how much they spend to get some money back?   :vbdoh:
« Last Edit: March 17, 2011 03:14:09 PM by Admin9541 »

trueq

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #12 on: September 28, 2010 03:26:01 AM »
Cap1 will remove Kohn from case (that is a win, they are best creditor law firm in nation).

It will go to Cap1 in house counsel for some wheeling and dealing.

Then to Cap1 arbitration counsel, which experience varies widely.

It may take up to 6 months for Cap1 to pay arbitration fees in JAMS.    So don't be surprised if its slow going from here.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
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.
Redemption is always possible.

KFMAN

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI
« Reply #13 on: September 28, 2010 03:48:03 AM »
"Cap1 will remove Kohn from case (that is a win, they are best creditor law firm in nation)."

The best creditor law firm in the nation is derailed by debtorboards member!
 1215 :drinking:

beingsued2010

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Re: Need Advice from TrueQ, KOHN LAW FIRM suing me!! WI (SUCCESS)
« Reply #14 on: March 22, 2011 07:56:52 PM »
Update!!!!!!!!! CASE DISMISSED WITHOUT PREJUDICE!!!
Initiated with JAMS and paid the $250 (CAP1 expected me not to!)

Here is what my case status says:

Order for dismissal
Additional Text:
upon review of file. Dismiss without prejudice nothing filed by plaintiff

!! THANKS TO TRUEQ!!!! ALL THE WAY AND EVERYONE WHO SUPPORTS THIS BOARD!!
The case is in JAMS but now CAP1 has to pay over $2000 as retainer to even start the proceedings for a $1.4k alleged debt!

CAP1 just CRAPPED! I am looking forward to dismissal offers!