Topic: Going to sue Legal Assistant.

[innocentme]

I discussed my situation and showed my file to date with a attorney friend yesterday.  She was amazed at how I have handled the case to date.  It was so much fun to show what I have done so far, and what my strategy is going to be going forward.

While my friend is a wonderful attorney, she does not specialize in Consumer Credit Laws, so I was just looking to see what her thoughts were on my motions, orders, and strategies to date.

She was amazed at some of the strategies that have come from this board.  She was actually excited to learn more, and maybe expand her practice focus.

I have violations against the Collection attorney, and the legal assistant, and am going to handle them separately.

Tomorrow, I am going to file, in Small Claims against the legal assistant.  This is deliberately the choice of venue, as I do not want one of the attorneys at the firm handling her case.

I want to go head to head with her.

If they decide to remove from small claims so that they can represent her, then straight to JAMS we go. 

For the time being, I am going to deal with the Collection Attorney after completing some of the other cases.  I still got time to deal with him.

Thank you to all from this board for the vast amount of knowledge that is passed around.  It truly feels great to know how to defend your rights.   

[innocentme]

Well, I filed in SMALL CLAIMS today.  There was a different clerk at the window today. 

The cashier has learned to recognize me though.  I always ask her "How are you doing today?"

First time she said "Good, well, I'm OK."  I replied, "No, not even good.  I hope your day gets better."

Next time I met her, I asked the same question.

She responded "Good."

Today before I could even finish asking her, she said " I'm doing Goo.... I mean Great!"

It was nice that she recognized me, and that I hope that I actually made her day great.

In talking with the clerk, we talked a little about this and the other few cases that I have going on.

She laughed when I told her that this was my first small claims case, but it was being done deliberately so that the legal assistant couldn't bring in free council from her firm.

The clerk said that most small claims cases stay there, but she didn't think that this one would. 

It is likely that the attorneys will help her to remove it from small claims.

My plan, if they do so will be to immediately compel to JAMS arbitration. 

I have been reading up on the great posts this past week on binding non-signatories, and reviewed that with my attorney friend. 

Will keep you all posted on progress.   

[innocentme]

Well, I got the green card back from the legal assistant, so she has been officially served.

I emailed her today before I received the green card to let her know that I had filed suit, and that I was serving her via CMRRR as it was the lowest cost option for her.

Well, the attorneys obviously don't like me coming after their legal assistant, as I got an email back from the attorney saying that the legal assistant is now represented by the firm.

He let me know that I was to communicate with only him going forward.

He said that they are preparing answer, and counterclaims against me.  Although besides malicious prosecution, I don't know what the counter claim could be for. 

I guess I will have to wait and see.  The email was CCed to every attorney in the office, so I assume they are going to try to make an example of me. 

Here is how I see things progressing, these are all just guesses, but I assume it will likely happen this way:

I sued legal assistant in SMALL CLAIMS for FDCPA, State FDCPA and court costs, and fees.

Now the crystal ball comes out:

Attorneys won't let their legal assistant go this alone, so they are going to file in to represent her.

They will answer, and have the case removed from Small Claims.

I will them MTC into JAMS.

I am still the consumer, going against the Debt Collector.

If they block Arbitration, then I can just hire attorney to fight it in court, as I can ask for attorney fees on top of the claims.

Total claim against the Legal assistant is only about $1400 at this point. 

I'll keep you posted. 

[KFMAN]

What did they do?

[innocentme]

I don't want to give it all away, but here are a few things.

They continued to litigate after arbitration election, and notice of initiation. 

They claimed that I would be liable for damages that they were not entitled to receive. 

They made me incur additional court costs before they dismissed the case.

[KFMAN]

I don't want to give it all away, but here are a few things.

They continued to litigate after arbitration election, and notice of initiation. 

They claimed that I would be liable for damages that they were not entitled to receive. 

They made me incur additional court costs before they dismissed the case.

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

[innocentme]

Well, the crystal ball is working so far.

I called the court to check to see if they got my proof of service.  She confirmed.

I asked if the defendant had responded. 

She informed me that she had, and that they were denying the claim and asked for a jury trial. 

So it will be removed from Small Claims as I thought.

Next step is the MTC to bring it into JAMS. 

[Fighting Irish]

Asking for does not equal being granted. They still need a compelling reason to muck up a judge's schedule.

It's possible it could stay in small claims.

[innocentme]

Good to know.  The clerk said I would be getting something in the mail to explain what is next.

[maggie22]

Don't wait for the answer to what's going to happen next.  Check your states Rules of Civil Procedure.  In my state, removal is a certainty once a demand is made by either party. 

In addition, in my state attorneys are not allowed in small claims and any attorney involvement gets the case kicked up to general civil.

[innocentme]

Correct Maggie22.  I called the court to see if they had appeared in the suit.

Was told that they had, and that I will be getting something from the court to explain options for proceeding. 

I knew when I filed that it was not going to stay in small claims, as the attorneys at the firm weren't going to let the legal assistant go it alone.

Now that it is removed from small claims, it is now my turn to get it into arbitration. 

[innocentme]

I just had an ah-ha moment a few minutes ago, and was looking for opinions. 

I have previously elected arbitration to resolve all disputes.  (I have an active arbitration about the alleged debt currently.)

I sued the legal assistant in Small Claims, under the Small Claims exception. 

The defendant is moving to have the case removed from small claims and into regular civil court.

Isn't that act in and of itself another FDCPA violation, since they are trying to litigate a claim in a venue that is no longer available now that an arbitration election has already been made.

The same firm representing CC company is now representing the legal assistant, and the firm is the one that received the arbitration election originally.

[KFMAN]

YES litigation is over and it says that in the contract.

[innocentme]

Thank you.  That was my thoughts too. 

I don't know why I didn't think of that originally when I filed the Small Claims. 

I just thought that they would remove, and then I would compel to arbitration. 

I forgot that just the act of removing it from small claims would be a violation.

[KFMAN]

Thank you.  That was my thoughts too. 

I don't know why I didn't think of that originally when I filed the Small Claims. 

I just thought that they would remove, and then I would compel to arbitration. 

I forgot that just the act of removing it from small claims would be a violation.

Litigation is litigation.