Author Topic: Lawsuit filed a week ago  (Read 14553 times)

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KFMAN

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Re: Lawsuit filed a week ago
« Reply #60 on: October 14, 2010 10:29:43 PM »
No big deal and I am not filing frivolous lawsuits, have tried to settle all of them out of court at least 3 different times and have slam dunk violations.  The one your referring to I tried to settle 4 different times over a 3 month period and got the run around, so if that isn't trying to settle of court then I don't know what is.  I fully expect the big guns to come after me and am prepared if I get over my head.  My cases are straight forward and to the point backed up with evidence that all of the CA's already have, (except call records and recordings) since I provided it in settlement offers.  I have nothing to hide and tired of the harassment and abuse of my consumer rights.  Thank you posters for all your help and comments! 


 Litigious? Read this first
     http://www.debtorboards.com/index.php/topic,7215


http://www.debtorboards.com/index.php/topic,7212.0.html

cgoodwin

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Re: Lawsuit filed a week ago
« Reply #61 on: October 15, 2010 02:36:40 AM »
I'm routing for you. Just mentioned the issues and the thought of an attorney since the attorney can their fee from the defendant when you win. The only difficult part of your case will be getting the damages you are seeking. I am not saying it is not possible Pro Se, just difficult. Please keep us posted as the case proceeds.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

KFMAN

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Re: Lawsuit filed a week ago
« Reply #62 on: November 04, 2010 07:26:29 PM »
Is there anything a consumer should ask for at a scheduling conference other then Discovery?

Should I consider ADR to settle FDCPA lawsuits?  I have always heard this is the bad kind of Arb.

Flyingifr

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Re: Lawsuit filed a week ago
« Reply #63 on: November 09, 2010 02:39:30 AM »
Is there anything a consumer should ask for at a scheduling conference other then Discovery?

Should I consider ADR to settle FDCPA lawsuits?  I have always heard this is the bad kind of Arb.

I don't like ADR at all because you lose your appeal rights.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

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KFMAN

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Re: Lawsuit filed a week ago
« Reply #64 on: November 09, 2010 02:59:49 AM »
It states this: Prior to the Rule 26(f) planning conference, the parties shall have conferred to discuss these issues and the benefits of mediation or other methods of ADR.  Absent exceptional circumstances, the court expects the parties to utilize some form of ADR with ninety days of the scheduling conference.  The parties and council should select the particular ADR process to be pursued and the person who will conduct the process, ie a mediator or other neutral.

No Appeal, interesting.  Is this how most Federal Lawsuits are tried?

NotBonJovi

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Re: Lawsuit filed a week ago
« Reply #65 on: November 09, 2010 03:21:39 AM »
I'm lucky...my Federal District doesn't allow ADR if there are any pro se parties involved in the suit.  Devil
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KFMAN

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Re: Lawsuit filed a week ago
« Reply #66 on: November 09, 2010 10:26:59 AM »
If a consumer has to pay their costs of ADR and can only collect the FDCPA max of $1,000, how could that be an effective way to settle a FDCPA lawsuit? 

KFMAN

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Re: Lawsuit filed a week ago
« Reply #67 on: November 09, 2010 02:29:53 PM »
813. Civil liability

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court.

I would think the consumer cost of ADR would be covered by the above statute.

KFMAN

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Re: Lawsuit filed a week ago
« Reply #68 on: November 16, 2010 03:34:00 PM »
Update: Lawyer calls, makes a small offer to settle this matter and says that is all you can get.  During the phone call the lawyer raises their voice, tries to pressure me into settling for peanuts, keeps bringing up information that isn't relevant, and tells me what is wrong with my complaint.  I am standing firm in this matter and will take it as far as I have to, in order to get in the area of my desired outcome. 

Does FDCPA apply during settlement offers and can I talk to the judge about this in our phone conference? 

kevinmanheim

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Re: Lawsuit filed a week ago
« Reply #69 on: November 16, 2010 03:43:41 PM »
Does FDCPA apply during settlement offers? Did they try to collect a debt during those talks?

 and can I talk to the judge about this in our phone conference? You should never discuss settlement talks in court.
« Last Edit: November 16, 2010 03:57:44 PM by KFMAN »

KFMAN

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Re: Lawsuit filed a week ago
« Reply #70 on: November 16, 2010 03:57:59 PM »
Does FDCPA apply during settlement offers? Did they try to collect a debt during those talks?

 and can I talk to the judge about this in our phone conference? You should never discuss settlement talks in court.
Why shouldn't you discuss settlement talks in court if one sides behavior is inappropriate?  So can I be rude and cuss the other side out during settlement talks and is settlement another word for persuade?

CleaningUp

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Re: Lawsuit filed a week ago
« Reply #71 on: November 16, 2010 04:21:29 PM »
While settlement discussions are not admissible in court on the underlying debt, they can be admissible at such time when the subject deals with HOW the collector conducted himself in the settlement talks.

FDCPA establishes the manner in which debt collector must conduct himself.  It does not say, "except for settlement discussions, the collector must".

FDCPA still applies. The must adhere to the rules at all times.


kevinmanheim

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Re: Lawsuit filed a week ago
« Reply #72 on: November 16, 2010 04:53:33 PM »
Why shouldn't you discuss settlement talks in court if one sides behavior is inappropriate?  So can I be rude and cuss the other side out during settlement talks and is settlement another word for persuade?
CU's post explains it.

The point is, you don't use the settlement talks as ammunition in the case against the CA, should the settlement talks fail.

You can use the settlement talks as evidence the attorney violated the FDCPA, should you sue the attorney for FDCPA violations.

Mischievous Smurfy

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Re: Lawsuit filed a week ago
« Reply #73 on: November 16, 2010 05:57:14 PM »
Update: Lawyer calls, makes a small offer to settle this matter and says that is all you can get.  During the phone call the lawyer raises their voice, tries to pressure me into settling for peanuts, keeps bringing up information that isn't relevant, and tells me what is wrong with my complaint.  I am standing firm in this matter and will take it as far as I have to, in order to get in the area of my desired outcome. 

Does FDCPA apply during settlement offers and can I talk to the judge about this in our phone conference?

This is why I demand that all communications be by email.    If it is a rules required "conference" then record.

as to whether or not FDCPA applies ....

If the attorney brings up payment of or offset of any award by the amount of the debt (thereby attempting to collect it) ... he has made himself/herself a debt collector and liable under the FDCPA ... seperately from his client (if different).

the actual debt, the validity and/or the amount of it .... is irrelevant to a FDCPA action so don't discuss it.  If it is brought up, simply tell them that you are not open to discuss the alleged debt.

I would never ever allow anything other than ... you pay me the settlement amount or the awarded amount and I will pay the creditor directly.  Why?  Because this just muddies the waters.  You are leaving proof of payment in the hands of a third party.  On top of that, if you were to play that game, you would have to make sure they properly notate the check to make it clear that it is to pay the specific debt.  Then get copies of the check, a receipt from the creditor and a copy of the front and back of the check once cashed and retured.  Its just more of a headache than its worth.
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KFMAN

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Re: Lawsuit filed a week ago
« Reply #74 on: November 16, 2010 08:29:12 PM »
"the actual debt, the validity and/or the amount of it .... is irrelevant to a FDCPA action so don't discuss it.  If it is brought up, simply tell them that you are not open to discuss the alleged debt."

I told them the actual debt is irrelevant but they keep bringing it up and said it will come up in court.  Also this is an attorney the CA hired and not trying to collect the debt but it crossing the lines.  The fact that they raised their voice and tried to pressure into taking the settlement hasn't set well with me over the last 24 hours.

Thank You

 

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