Ok, I'm pissed. I filed suit April 30 against Wells Fargo for non PP of my CR and my DH CR (2 each). I rec'd an "attorney of Record" notice from a local attorney the first week of May stating he was representing them. I heard NOTHING from them up till yesterday. Our court date is next Tuesday at 1:00. At 3:30 on Friday (I was out golfing) I received a fax from the attorney. Basically this is the day before court, because Monday is a holiday. Here's the letter: Dear Mr/Mrs. xxx; As you know, I have entered my appearance for Wells Fargo in this matter. I will be requesting a continuance on May 27 in order to obtain further information regarding the circumstance of your case. It is my understanding that you are not represented by counsel, so I am forwarding this to you. I would like to see the credit report to which you refer. I would appreciate it if you would forward me a copy of the same. You can fax documents to me at the fax number listed above and I can be reached at the pone number listed above. I appreciate very much your consideration in this regard. Sincerely, Scum Bag Attorney (okay - I made the name up!) I faxed all correspondence (4 letters to WF and 3 from them), both of our Inquiry Pages (the actual CR is none of his business), the FCRA with the applicable sections marked and the FTC Opinion letters to Wells Fargo legal department 1 week before I filed my claim, stating I would file on such and such day. I also faxed it over AFTER I filed to a girl in the legal department who called and asked for it. What irks me is why didn't Wells Fargo give it to their attorney and why in the heck did the attorney wait until the 11th hour to say he needed this stuff. I am going to object to the continuance on those bases. What do you guys think? I really need your input/help. Thanks!
You are probably better off not wasting your time objecting to a continuance. I can almost guarantee that the attorney representing WF will get one, whether you object or not. Especially since your case was calendared for under 30 days. Also, what court district did you file this in - by the speediness of the trial date, I'd guess small claims, in which case I'd ask why an attorney is involved. -HDAlex
I filed in Fulton County Illinois Small Claims Court. I have no idea why an attorney is involved. WF Home Mortgage isn't local, so that is probably why they hired an attorney instead of sending someone. I didn't know that an attorney could represent you there, but I guess Iwas wrong.
Does Illinois allow for attorneys in small claims? I'd research that point a little further. Who knows, WF may be trying to skirt the rules. -HDAlex
