Keeping everyone in the loop, I filed my first small claims suit today. This one is for a collection atty (who is known to be a bottom feeder atty that lives in small claims court) that has continued collection activity without validating the alleged debt plus threatening me with legal action. I'm excited and nervous. The atty has a relationship with all of the judges so I don't know how that works... As of the 12th, I'll have another suit to file on this same attorney and tomorrow I'll be filing my second suit against another collection agent. It's nice to be the plaintiff rather than the defendant! Words of wisdom welcome!!
Since I've never filed a small claims suit before, I'll just say Good Luck and leave it to some of the others to give you advice.
Thanks Hedwig! I have one case that is being settled for $2k on a impermissible pull, the one I filed today for $1700 and another that will be filed this Thursday for 3K. Although I have another coming out on the 12th for a yet to be determined amount, I'm REALLY excited about an old creditor that has no pp yet has done a total of 24 pulls on a bk account. The joy of consumer education! If I can do this, anyone can do it!
take it from someone who has filed over 125 small claims suits from everyone from well known bank of america to small, lesser known collection agents. it takes practice, but you will learn the art of the lawsuit to protect yourself. without divulging specifics, to date, I have received over $125000 in settlements, all by my self, pro-se. It just takes knowing where the violations are and how to use them against your creditors. One note though, make sure in all your settlement agreements that there is a confidentiality clause, that way you don't have to claim the settlement money as income, and if there is a conf. clause, they won't 1099 you for the income.
Well I received my $2K check and photocopied it before I cashed it! Court for the $1700 issue was scheduled for the 16th, I was all prepared and the CA atty group that I was showing showed up and had it moved it district court. Makes since because they are an atty and in small claims you can't have an atty representing you. This includes representating themselves. It wasn't very nice that he waited to the last minute literally but I was happy to hand him my attorney's contact info. Now that we're in district court, I get to have mine attend too! As to the one for 24K, it's now at 30K and my attorney is speaking with them. Amazingly, ALLLLL pulls on my credit report by them as disappeared. But I have hardcopy proof so if nothing is worked out, I'm suing in district court directly with them within the next two weeks. I've also filed one for 3K and it too has been moved to district court but no date has been set yet. I'm SOOOOOOOO excited to get moving on these!
Congrats! Thank you for this information! I had NO idea. On my $2K settlement it didn't say anything and my attorney never advised me of this (he's free by the way and didn't receive a cut). I'll definitely remember this! Shanyl PS have you ever had an issue where the collection atty you are suing has an ongoing relationship with the judge/magistrate due to his/her business?
Got any tips, links, etc. for steps on how to file that first lawsuit? I'm about to take an OC and a CA to court over multiple violations.
Re: Re: I just filed my first lawsuit! If they didn't violate his rights he couldn't sue them ,so whos fault is it they are breaking the law his or theirs????????????????????????????????????????
Re: Re: I just filed my first lawsuit! that is why you have to be very careful, it is very easy to get a collector to violate the FDCPA. Simplest one is when I call up screaming at the first collector and (dont have to tell them the call is being recorded b/c their recorded message usually says it)..and they "forget" to say the mini-miranda...and they, when feeling confronted, get confrontational. Easy violation and lawsuit....works every time....immoral, yes, but hey, so are the bill collectors.
Oh I never thought of this! I was thinking we couldn't record - so I write verbatum what is said as I talk - but never did I think to use this against them! Thank you for this idea.
