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Showing content with the highest reputation since 12/01/2021 in Posts

  1. It sounds like the bank attorneys have disdain for you as a Pro Se litigant and might even by trying to bully you. Unfortunately you cannot refuse to speak to them because you have a case going and there are court expectations to be met, whether you like them or not. As for the local attorney, just leave them alone. Send your filings to the bank's attorneys as you always have and it will be up to them to send to the local attorney. If the local attorney is not prepared for court and you made a timely filing, that is their problem, not yours. You just need to continue the case follow the rules of civil procedure. Review their answer and evidence and see where it weakens your case and where you can poke holes in their defense. Contact the bank attorneys only when you have to. As for the disdain, certainly record their actions but don't bring them up to the court until they try to open the door as to your actions. Let them act as they are and then if you have a successful case, at that point will you see them eat some humble pie. You continue to act professional, regardless of how they act AND don't let them try to bully you either. It is common to expect opposing attorneys to make appointments rather than talk right then and there (and I doubt the courts would allow an attorney to stop another case just to talk to the opposing party in this case right then and there) so you should expect the same courtesy extended to a regular attorney.
    2 points
  2. If they were the attorneys of record, they have a right to contact you on behalf of their client. In fact, they are supposed to do so. A cease and desist letter does not stop that process. If you can prove misconduct, file a complaint with the bar association.
    2 points
  3. The scammers keep going because people are paying them. They would not continue to do this if they were not getting paid.
    1 point
  4. Don’t threaten to file BK. Either file or don’t file. The JDB may or may not negotiate. My advice would be to get a consultation with a good BK attorney
    1 point
  5. This sounds like an issue where the bank wants to be lead counsel but has hired a local attorney (the rent a attorney scenario) to deal with the local work. They therefore don't want the OP to contact the local attorney but instead want the OP to talk to them. However, due to the treatment of the OP at the hands of the lead counsel, the OP really wants to deal with them only in court.
    1 point
  6. This is not a debt collection case. The OP sued a bank, not the other way around. I think the attorney's in question are the bank's in house counsel and they are treating the OP with disdain because the OP is Pro Se so the bank attorney's think this is an easy win. They first blew off an appointment the OP made with them and tried to bully the OP to talk to them at the time they wanted. Now that the OP has not done them, they have apparently hired counsel in the location of the OP but refuse to tell the OP who that counsel is.
    1 point
  7. @Clydesmom thanks for that link, i will give that a try
    1 point
  8. Perhaps. Debt collection attorneys are usually not the top graduates. My maternal grandfather was a successful BK attorney, but his early days as a lawyer were in Oklahoma during the Depression and the Dust Bowl. He did foreclosure and repo work for many years because that was all he could get money for. The poor BK clients would often pay in chickens, which may be tasty, but didn't pay the rent. When times were better, he went for more lucrative work, and left debt collection behind. In better economic times, debt collection attorneys are often the bottom of the barrel. They are often young attorneys who graduated at the bottom of the class or from third rate law schools, and barely passed the bar on their fourth try. Some have no ambition and just pick up the low lying fruit for a living. Others have a little more ambition, and will cut whatever corners they can to get ahead, often doing completely unethical stuff. So, they evil or just incompetent? More likely the latter, but quite possibly both.
    1 point
  9. When filing in JAMS it is important to list all the violations. At that point try to negotiate a mutual walk away. They are looking at the possibility of spending more than they could win, not to mention the possibility of losing their case and even having to pay you some money.
    1 point
  10. Reading Credit One's arbitration agreement; it could be concluded the matter should have never ended up in small claims court as the language states, If you do not reject this agreement to arbitrate, you give up the right to go to court and controversies or disputes between us WILL BE (emphasis added) resolved by a neutral arbitrator instead of a judge or jury. It also states under the covered claims which by the way cover just about any dispute between the parties prior to them being filed in a small claims court, but it states that validity, enforceability, coverage, meaning, and scope of this agreement to arbitrate or any part thereof are subject to arbitration and are for the arbitrator to decide. This to me is what will compel the judge to ignore a contradictory claims not covered section in their arbitration agreement. Just write it up thsi way and use their language contained in their card agreement.
    1 point
  11. Thank you! I am turning in Answer and MTC. I understand I send everything I turn into the court I also need to send to the plaintiff. I assume this includes a copy of the credit card agreement that I am using? Again everything you have said has been a huge help to me. Thank you!
    1 point
  12. Another reason you want arbitration: arbitration is private, whereas everything done in court is a matter of public record. You prefer that your financial matters remain private.
    1 point
  13. After being sued, the attorney is the only person a defendant is supposed to communicate with. You are not supposed to communicate directly with the plaintiff.
    1 point
  14. Update: 2nd case, over & done with an agreement for mutual dismissal.
    1 point
  15. @ktigs the best argument is small claims courts were abolished in 2013 it is therefore impossible to file any case in a small claims court as they no longer exist.
    1 point
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