After sending over 6 letters and collecting heavy evidence, I faxed the OC an intent to sue letter. I was contacted immediatley by the attorney. He wanted to let me know that my claim was BS and that if I filed it that he would countersue me for filing a frivolous lawsuit. I told him what evidence I had and he wants it faxed to him. I have pulled credit reports for the last six months, one every month. Each one is reporting a different tradeline, ie.. 30(3) 60(4) 90(32)- like this, but different every time. I have applied for credit and been denied, this is the only tradeline reporting negative. He gave me the, "well if it is accurate we can't remove it from the report" I told him that if it was accurate, I wouldn't being having this conversation with him. The company is a large department store. The account was previously one store and was bought out by another, which is the one Im fighting. He asked me what I wanted, I told him that I wanted complete accounting from the beginning to the end. If they didn't provide it, I demaded full deletion of the account. He said," Well I don't think we have stuff that is that old". Guys, can he really countersue me or is this a bluff? Also any additional info is appreciated.
If you're initially thinking of filing pro se and you've told him that, I think it's an ethics violation for him to try to intimidate you... lk... what do you think? I know lawyers are supposed to tread more lightly with pro se litigants in court... but what of this? I'd sue them for the fun of it. you have reason and he's full of it.. bluff huff huff puff... if you want a lawyer who will work on contingency... go to www.bjslaw.com and email David Szwak... then watch the other atty have his client write you a check... jerks.
Further evidence as to why we ALL need to be TAPING these calls. If you're in an illegal state, tape it anyway. Just don't tell anyone. Then you can sit down and write out a transcript of the convo. word for word, and hand that to a judge. Good luck, keep us posted.
Butch, Are advocating taping a conversation without the consent of the other party in a state in which this is illegal? And I don't think a judge is going to allow evidence of a transcript if it was obtained illegally.
Thanks everyone for the advice. I feel very confident with my case and feel that Im merely protecting my rights. I was just afraid of getting countersued for a whole lot of money-that I don't have. These guys know this and it's just their method of intimidation. Once again thanks folks.
YES ABSOLUTELY! In these kinds of cases contemporaneous, detailed notes of converstaions, dates and persons you spoke to, etc., etc., are critically important. A tremendous amount of weight is placed on these notes. Tape ALL your convos. If it is illegaldon't tell anyone. There is NO law agianst taking really great notes. If anyone asks your answer is: No I didn't tape it I just take really good notes. ssshhhhhhhh
30 dollars invested in a hand-held recorder is the best investment you will make. Butch gives excellent advice. RECORD, RECORD, RECORD!!!!!!! Transcribe the conversation and secure the tapes in a safe location. Remember, if they are calling YOU and you live in a one-party consent state, one party has given consent, YOU. You can legally record. If you call them and they are in a two-party state, transcribe the conversation. If they live in a one-party state, again, YOU have given consent, use the tapes then. Just for info. Ohio is a one-party state. If anyone else can advise about their state, please do.
I haven't fell for any trick. Regardles of countersuit or not I would file. I just wanted to get some Idea whether or not it has actually happened to anyone else here. Thanks anyways.
The "fell for it" part was not necessary. I apologize. I'm glad you're still going to file. Soon you'll be calling their countersuit bluff. Saar
