shepard83

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About shepard83

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  1. First, a big thank you to everyone on the board for all the help you offer to those of us struggling with these problems. I have a question that I have not seen addressed in other threads. Can an attorney for an OC file an offer to settle letter with the court as evidence? Basically, the case is in Ohio. The amount is under 15k. Being sued by original creditor, maybe, the debt collector won't prove who owns the bebt. I filed a motion to dismisss / compel to get this into arb. The OC's Atty filed a motion for stay, using my arbitration application and an offer to settle letter that I had sent him as evidence. In the letter, I denied the debt, but offered to settle, expecting him to throw a number at me to get the ball rolling. Instead he filed that letter with the court as his exhibit A. Can / should I do anything about this? Motion to strike? Motion to deny? File an objection? File complaint with the attorney general, the FTC, the Ohio Bar? Counter sue? I'm very new at this. This was filed last week, so will I have to act quickly on this? Among other things, this atty has violated the following: Refused the initial arb demand and proceeded straight to lawsuit. Refused to provide proof of the alleged debt when I responded to the Dunning letter. Again, went straight to lawsuit. Left phone messages refusing to identify himself as a debt collector. May have called my neighbors and employer. Ignored written cease and desist to stop calling and have all future contact be in writing. Refused to provide proof of who owns the alleged debt. Initially refused arb demands, twice, until it came to a hearing. Also, at the hearing, I was not allowed to say anything. Literally. I didn't even get one sentence out before 'His Honor,' shut me up. He was ready to rubber stamp anything the atty asked for. So now the case is going to arb. Maybe. I want to counter claim everything possible against them. Which threads do I need to study? Which laws do you suggest? Which cases? I'd really like to get a settlement out of this. Even one that's fair to both sides. But if the atty's filing was improper, what can I do about it? Thanks, everyone.