Not much had been happening with my Cap One suit. (details over on Credit Court). Yesterday, I received the signed Order from the Court moving it from Small Claims to Civil. Interestingly, the attorney's office typed it for the Court - but the Judge crossed out the September 11th date - and hand-wrote in October 7th. Since the attorney had filed a Counter-claim against me on September 11th (KNOWING the debt was paid), technically that counter-claim should not be allowed anyway. Motions and attorneys are not allowed in SC court - and the Order was not signed until October 7th. Of course now I have the cashed check PROVING it was paid - so they have no basis for that counter-suit. The attorney had written me a letter "offering" to settle by paying his legal fees! (yeah right - I'm suing them for their violations - why would I settle by paying MORE?) I'll probably be calling an attorrney next week as this is getting very technical to do pro se. I did try Szwak and he told me to send the materials but has never responded. (guess he rarely answers beyond a "send the materials"....). It appears that you have less remedies when going against an OC - however they did some nasty violations. (i.e. transferring the call to their debt collector, Arrow, without notifying that they WERE a collector, talking to a third-party about the debt without a Power of Attorney, etc., etc.) I also never received the statements that I requested (and offered to pay for) - though the ATTORNEY sent them in his counter-suit to the Court. Stay tuned.... Mommy2cats
If their atty filed a countersuit knowing that you had paid (oh can you get that on tape?) then you might be able to file a complaint against him with the American Bar Association. Directory of Lawyer Disciplinary Agencies http://www.abanet.org/cpr/disciplinary.html and here's a Pro Bono directory http://www.abanet.org/legalservices/probono/directory.html maybe you'll get lucky and get a free atty
Re: Progression of a Lawsuit - Cap You would think so. However, THAT thread is also on CreditCourt. I have been working with Christine Baker (Credit Court and Bayhouse) and she called the Bar about this. THEY tend to side with the attorney (in AZ anyway). That thread, if you want to read THAT story is: http://forum.creditcourt.com/discus/messages/20/20.html Mommy2cats
Re: Progression of a Lawsuit - Cap thanks. I've got to tell you... I'm impressed at how you're pushing this... and utterly disgusted how attorneys hope to roll over people with intimidation and unethical filings. A countersuit for a paid account.... makes me sick. Consumer law here I come Thanks for the link. I'll read it!
Re: Progression of a Lawsuit - Cap Yes, it is amazing (and sad) what attorneys will do, especially the ones for the "big guns". They want to intimidate and they have the resources to do so. In AZ, especially, there aren't many competent Consumer attorneys. In fact, an attorney "on the other side" and I had quite a discussion about that and he told me to run - not walk from any in AZ. (He didn't feel that the attorney filing a Counter-suit in this case was very ethical either.) He actually gave me the name of an attorney in another state that can work with one here and I'm hoping I can get him interested in this case. I'm also hoping I can get him on contingency..... By the way, a lot of my point about posting this stuff is to show people what can transpire. I don't want to discourage people from filing - because I HAVE had some really good success with others. (which I now can't name because of confidentiality agreements) It just gets really complicated when you go after the "bigger guns." Hopefully anything I find out will help others. (and I sure do appreciate the support and good thoughts that I have been getting too! Mommy2cats
Re: Progression of a Lawsuit - Cap This guy may also be padding his bill with all this needless activity. If he thinks he can't win it in small claims... then why move it? Oh yes: intimidation.. and increased fees. You might want to call Cap1 in house counsel and ask them why this guy is raking them over the coals on fees when he had the ability to settle... they might take it from him... you never know
Re: Progression of a Lawsuit - Cap I've already gone round and round with Cap One's in-house counsel (we've put all the faxes and stuff on CreditCourt). she was not helpful AT all. In AZ there are no lawyers allowed in Small Claims, so that's why they moved it. I know he's trying to make as big a bill as possible AND trying to intimidate me. Guess we're going to have to see what the Court says! I plan to make SURE the Court knows he filed the counter-claim when he knew it was paid. Mommy2cats
