I took the plunge and filed today in US District Court against a CA. Maybe now I will find out what this account is even for...lol. Should be interesting! Wish me luck! L
Nice going whyspers. Remember, do your homework, be prepared, the law is on the side that prepares to win............
Good luck!!! Who did you file against, I know you said it early but I'm blonde I hope you kick some CA @ss!!!!!
I filed against L J Ross and Associates, d/b/a Ross Collection Agency. I've scanned in everything but my exhibits and will put them up somewhere if anyone wants to follow the progress. I've been following Christine's lawsuit against TU and think this could be a learning experience no matter how it turns out. It was very intimidating for me to file in US District Court and I do this sort of thing every day for other people. Its different when you are doing it for yourself. I can only imagine how intimidating it would be for someone who had NO legal experience!!! I do have to say though...after filing it I got such a rush...lol. L
Whyspers, (and enyone) did you name anyone within the firm or its owners-officers in the comlaint? On the receiving end, I can tell you it definately stimulates a settlement if nobody has dug their feet in. Especially if you can get some middle manager dept. manager who ultimately has been and will handle your situation. ... Just an Idea
No, although I did put the President's name (or any officer) in the Summons to be served. As a corporation, you can't sue an officer personally. Well, you can, but because it is a corporation, they don't have personally liability. I'm hoping this will light a fire under them anyway and they will do the right thing. I stated three causes of action and think I have a really good case. I guess we'll see if I do or not...lol. L
One can name anyone they want, or their mother. (Not that it would stand up) Its especially helpful when the acting within/outside expressed/implied authority ...bla bla bla defense is raised. Remember, the sanctity of a corporation is severed whenever someone exceed their authourity ... releases corporate liability. But, as in life and as I learn here for CC, 2/3 of the ballgame is good posturing right?
