They're fishing for suckers, my guess. The OC,Premier Bankcard, transferred or sold this debt to Arrow Financial Services and they tried to collect. Then AFS had Northland group to try and collect for a while, now they have Capital Management services trying to collect. I dont have any of this on my CR and wondered what to do. 91 or early 92 was the last time any activity occurred on this account,and its way past SOL, should I send them a DV letter,FOAD letter(preferred) or just let it blow on by. Thanks
They can ask you to pay. But you should keep track of what they do. They will often add in threats such as threats to sue. This is a FDCPA violation. You might collect some of this and look into suing. Use a lawyer because it is important for them to pay the attorney fees. They don't care about the costs if it's just you pro se. Of course it is up to you to collect the data that will later be used. So don't miss any calls. Write down what they say. If they leave messages on your machine or cell phone voice mail, make sure you get a recording of those messages. It might require some effort. Do it.
You have the right to demand attorney fees even as a pro se litigant. The law allows for that and some federal courts routinely allow that.
Can you cite for me case law on that? Any jurisdiction is fine. I've seen attorneys representing themselves get attorney's fees, but I'm not familiar with it being given to pro se litigants.
Case law? Don't be lazy. Go to the law library and let the librarian show you how to research that for you. What makes you think I'm going to do your research for you for free? I'm not sucker enough to do that. Anyway all you have to do is study FDCPA or FCRA or any law that gives you the right of private attorney general and it will be right there for your reading pleasure.
I dunno, I don't think you can get any money for your time pro se.. In fact I am almost 100 percent sure you can't. So good question *Dumb Bob* and would like someone to cite a case where a layman got paid for going pro se.. Woofer
In most jurisdictions, you CANNOT get paid for your time if you're pro se. Attorney,s fees are just that, ATTORNEY'S fees. If you're not an attorney, no fees. I'm with Dumb Bob. If you can find case law to the contrary, please post it.
I've been looking and so far nothing... I tried to use the pro se fee once never got too far with it... In fact shot down ASAP. Woofer
I've seen pro se litigants awarded court costs but not attorney's fees. No attorney, no cost, no fees seems to be the reasoning. I'm not saying I agree or not, just that's what I've seen.
