Not knowing the details of the dismissal, or for that matter, the discussion in the courtroom, I cannot comment. This seems to be a question for the OP to answer. I sincerely hope that the OP objected to the dismissal of his counterclaims in the hearing. That in itself can be the basis of an appeal. If he wants to preserve his right to appeal he will have to file a timely notice in accordance with the RCP. He can then take the time to draw up an appropriate appeal.
If you look over the history of this situation I think you will find that nothing was done correctly. No court reporter present at the hearing, did not use discovery, didn't object to the dismissal or attempt to show cause why it should go forward, probably didn't use any case cites, prepare any briefs, probably had little or no documentation to back up his claims. In short, he might as well have just let them get a default and be done with it.Worse yet he even wasted money hiring a lawyer expecting that somehow a lawyer might be able to fire off some kind of silver bullet that would slay the beast. In all probability the outcome would have been the same had he done everything perfectly. Any appeal he might raise will also fail assuming that he even had the capability to launch an appeal which he does not seem to have. If one hopes to win against a debt collector and their seasoned attorney they must start their campaign at the first sign of activity. They must start off with a good validation letter to the debt collector. They must record all phone calls and keep all letters they might get. They must also control all phone conversations rather than letting the debt collector control the calls. If the debt collector transfers, sells, or assigns the debt to yet another debt collector or to an attorney for suit they need to prepare and file a federal lawsuit against the debt collector and start on the next one be it an attorney or whomever. They need to keep a close eye on their local court records to see whether a case has been filed against them and if so then get busy. Don't even wait for the sheriff or process server to come to the door. Hit the ground running and don't let up. But above all expect to file at least two federal cases on every collection attempt. One against the debt collector and one against their attorney and naming the debt collector as co-defendant. If a person isn't willing, ready and able to do just that then they can expect to lose and get a judgment against them and end up paying the price whatever that might be.
While I agree with the statements above, that is not really germane to the OPs situation at this point. He has two choices. Accept the decision or find some cause for appeal. Nothing in the above statement alters this.. Is there a third option?
There is a third option if his counterclaims were dismissed without prejudice. The OP can refile the claim as a suit in its own right. But as I mentioned above, we have to have definitive information on the nature of the dismissal or what actually occurred in court.
While the process described by Cap1Sucks sounds somewhat aggressive and perhaps combative, the message you have to take from it is that you have to defend your rights in the matter vigorously because, while they offer some protection, the environment (laws, courts, judges, etc.) is stacked against the consumer. While we'd all like to believe the bad guys always get arrested and always go to jail, the way the FDCPA, FCBA, FCRA, etc. are written, there are no police in all be the most egregious cases. It's up to the individual to fight back the wrongdoers. This doesn't mean that not paying your bills is the right thing to do. It just means that there are laws that describe how those bills can be collected. Unfortunately, those laws require the individual to enforce through the use of civil actions.
That is quite true of course but where is he going to get the knowledge to properly prepare it and the ability to stand up in court and argue the case? Obviously he didn't have it the first time around and neither did the lawyer he placed his trust in.
Through diligence and education and through guidance from others. Diligence and education is for the OP to deliver on. Guidance comes from others, such as the members of this board, who have been there and done that. It's been my experience that lawyers make a lot of mistakes, some of them actually harmful to their clients. The point still remains. Three options: accept, appeal, or file a separate action.
Original poster here. I did ask for validation and they sent statements. When I was first served with a summons I immediately contacted a naca lawyer who only cost a few hundred dollars. If I had listened to her from the beginning when she told me to settle I would have saved $10,000. I never talked to the opposing lawyer on the phone, only by mail so I could document it. That's when he went a bit off the rails and wrote emails to employers, etc. about the details of the case. I had already sent my answer to him (I couldn't file with the court because he hadn't filed suit yet) before he went on his email binge. Opposing atty also continued to contact me directly even though I had retained a lawyer. I went to a different naca atty because the first wasn't doing much for me (I thought). Before I even retained the second naca atty (we were just in a consultation), she called oppsoing counsel to see if he had filed suit. He had not, but went off about me on speaker phone. He had found some blog I had written, was nattering on and on about my personal life, my work life, my ambitions, said the lawyer had told him bizzarre things about me (this was made up, obviously, she was professional). It was insane. When the second naca atty hung up on him(!) she told me that he was not only trying to intimidate me, he was trying to intimidate her so I wouldn't have representation. She said he had a bizarre, personal vendetta against me and said she couldn't imagine the lengths he was going to. She didn't wnat to get involved at that point and so I offered a settlement the next week -- 25% like I hear about so often on the Internet. They filed for summary judgment hearing. [more to come]
How many have you? I've had three. They all settled with checks issued to me. But so what? That really doesn't have much to do with the OP or his situation.
What did you do with the money? Buy yourself an airplane? I guess all that experience leaves you as the best teacher. Let's see how well you do.
Sorry that you have a problem. The absolute best advice for pursuing a counterclaim is have good documentation to support your assertions. OP, you still have three options: accept, appeal, or file a separate action.
[cont] Their defenses to my counterclaim were that they didn't need a license to collect in my state since they're not really debt collectors. They said that all the state laws they broke like harassment, detailing the case to third parties, contacting me after I had an atty don't apply to them for the same reason. I did not file a response to the summary judgment, I just showed up in court pro se. I told my whole side to the judge including all the violations of the state laws and he ruled agaisnt me completely. He dismissed my counterclaim and awarded legal fees and court costs plus the original amount to the JDB. Then the opposing lawyer took me into the hallway and berated me for making him work(!) and told me about "all the things we can now do to you" which included taking my condo away from me (I've never owned a condo) and taking all of my [blank] income (there is no such thing). He did apologize to me for detailing the case to third parties but said he was upset that I wouldn't talk to him on the phone. He said they are not going to send me statements or anything showing what I owe them, just that the JDB will let me know when they think I'm done paying them. It will be years from now.
Quick lesson No. 1. Learn the local Rules of Civil Procedure. If you don't object to the Motion of Summary Judgment, the Judge is free to determine that there are no factual disputes that need to be resolved and to rule in the motioning party's favor. In spite of his harshness and his apparent dislike of what I have said, Cap1 is correct. You need to learn the ropes BEFORE you go in. RCP is one of the places to start. I would think at this point, your chances of vacating the judgment are slim-to-none. The FDCPA violations, if the Judge dismissed without prejudice, can be filed as a stand-alone action. I would also think that the State Bar Association might be interested in the opposing lawyer's conduct in this case. Just make sure you have your case very well documented before you pursue further action.
If it was dismissed without prejudice, you can file an FDCPA claim in any court of competent jurisdiction, Local, State or Federal.
I have to say it's disheartening to hear about all the things collectors can't do to you, all the things defined in the laws, only to find that they can indeed do all those things and that the court will sanction it.
