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Found 6 results

  1. I'm acting pro se because my attorney dumped me during my bankruptcy -- long story -- let's just say I'm becoming accustomed to "bending over and taking it" when it comes to our justice system. I have limped along and continued with this action because the case is strong and the defendant doesn't seem to understand what "do not call my cell" means, or what "breach of peace" means, or that cashing my check and forgetting to credit my account is illegal. The defendant is the original creditor, big auto company. Everything I'm finding on "pro se" deals with debt collectors, not original creditors. I have a settlement hearing tomorrow and I can't seem to find info on dealing with attorney's fees when the attorney won't tell me if they have a placed a lien on the case, and if they do have one, how much the lien is. How can I settle without this information? I doubt the big auto company will settle anyway, but miracles happen. Also, any advice is welcome. I've already given the judge a confidential brief outlining the case and I'm preparing my opening statement. Here is a summary of the complaint: Plaintiff brings this action to secure redress from unlawful credit and collection practices engaged in by defendant. Plaintiff alleges that defendant violated the Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), the Uniform Commercial Code, and the Illinois Consumer Fraud Act, 815 ILCS 505/2. The defendant tried (operative word "tried") to repossess the vehicle twice and breached the peace both times. The second time, a year after the case was filed, the sheriff told them to leave the property. The car is paid for now and I own it so at least I'm done with that crap. They continued to make calls to my cell phone more than a year after the case was filed. They cashed my check, didn't credit my account and didn't issue a refund. The documents obtained during discovery prove they used automated telephone dialing equipment and they didn't have permission to call my cell. This case should be a no brainer, but I've learned there is nothing about the legal system that appears logical. I'm not expecting much. The fines total more than $150,000.00 -- in my dreams eh? Anyway, any help or guidance would be appreciated. Thanks.
  2. Approximately a month ago a collection account appeared on one of my credit reports. I did not recognize the alleged debt, or the collection agency. I disputed with the credit bureau, and it came back verified. I sent a DV to the collection agency, who immediately violated the telephone cease and desist language and called me. The guy identified himself as an owner, but would not give a name, and claimed they were not a collection agency, but "passive debt buyers." I think this is the new mantra among junk debt buyers who are trying to circumvent the FDCPA, and other consumer protection laws. I strongly suggested they delete the item from my credit report, and reminded the guy that his call was deemed collection activity, and posting the collection account to my credit report was, too. I also suggested that since they were not licensed as debt collectors in Florida, or any other state, unless they ceased collection activity I would sue them in federal court. A few choice words later, he hung up on me. Twenty minutes later, I received a robo call from a party with the same small town area code with an automated voice identifying themselves as a law firm, with an urgent matter to discuss with me. Since then I've received half a dozen similar robo calls on my cell phone from this "law firm". At least they claim to be a law firm - I can't locate any law firm with their name. Let's assume for now they really are attorneys. While I know attorneys can be held to the FDCPA, my cease and desist was to their client, not the law firm. Are the attorney's calls in violation of the cease and desist and FDCPA? Can an attorney use robo calls, or are they violating the TCPA?
  3. First off, HAPPY HOLIDAYS! I have a zombie debt, not on any CR and I've gotten over 25 calls to my cell phone and at least 5 calls to my son's cell phone from the JDB. On one instance that they called my son's cell phone, he gave it to me and I told them they were calling my son's cell phone, which permission was never given, and that was a violation of the TCPA. The idiot on the other end stated that she was not violating the TCPA because she was was not using an auto dialer. They have not left any voicemails at all. The fact is that they skipped traced to get my cell number and my son's cell number, and of this, I'm 100%. Is this enough in itself to be a TCPA violation based on the issue of non consent alone or must they use an auto dialer in order to violate? Another thing is that there is a class action filed against them in Florida and there is a Georgia attorney involved handling it for GA I guess. I'm in Georgia and I have not been contacted regarding the class action and I'm not sure if I will be if the suit states auto dialed and prerecorded messages in it's draft complaint. Not sure how they find people in a class action. Lastly, I've talked with my attorney about this and he would also like to file a class action. I'm pretty sure that I informed him that one existed, not sure how many you can have against the same JDB in the same state but honestly and though I like the guy alot; he has handled two cases for me before with success, his fees are like almost half the settlement after expenses. That may sound greedy but I'm just thinking that an ITS with a draft complaint, might net me as much as an actual law suit in a fraction of the time. My plan is that if the ITS does nothing, I will just have my attorney file it. I've been following one contributor here, LUEser and on other boards and he (or she) really seems to have some knowledge on the subject. I would really appreciate some feedback on how I should handle. Many thanks in advance!
  4. Hello All, Just a question: Are settlements or awards obtained from a TCPA case taxable? The information I've searched online doesn't address it specifically, however, I have found some articles that indicate that damages that aren't physical are indeed considered revenue. Lets say for sake of discussion that the settlement is for $100,000. Mr Diligent Attorney takes his 33% slice of the award. As the Plaintiff are you taxed on the entire $100,000? Or just the $66,500 that ends up being your share of the award? I never thought I'd be in a position to be pondering this type of issue! I did have a coworker who also owns a business give me a valuable piece of advice. If you ever end up in this type of situation and you're at the beginning of a tax year, be sure to pay the IRS within the quarter that the settlement occurs. I guess if you wait until the end of the year you would likely be penalized for underpayment. Just curious if anyone has had this experience before. I must say that I'm enjoying being on the this side of the coin and sticking it to these assclowns. Thanks in advance, W.T.
  5. 1. Prefer not to broadcast 2. Prefer not to broadcast 3. aprox 8K 4. WF 5. Served and scheduled for Court Mandated Arbitration:-( 6. Served via Mail 7. Service legal by your state? I believe so. 8. DV letter to 2 CAS and then attny 9. Oregon, Washington County 10. Supposedly Aug. 2010 within SOL for Oregon 11. SOL 6 years 12. I've answered, attempted discovery, trying to amend to include Counterclaims before Mandatory Arbitration 13. Just CAs 14. Yes 15. Answered, Breach of Contract, I answered their admissions. 16. What evidence did they send with the summons? Nothing Had these from DV An affidavit? Statements from the OC They've finally sent more when Pretrial brief was required, but totally evaded Req. for Production until now 17. done I'm not sure If I can just send an amended answer or need to ask permission? I had in the original answer "reserve the right to amend to add counterclaims". ORS RULE 23 A Amendments. A pleading may be amended by a party once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Whenever an amended pleading is filed, it shall be served upon all parties who are not in default, but as to all parties who are in default or against whom a default previously has been entered, judgment may be rendered in accordance with the prayer of the original pleading served upon them; and neither the amended pleading nor the process thereon need be served upon such parties in default unless the amended pleading asks for additional relief against the parties in default. It was end of February, they didn't but they could respond to my answer right? So, I can just do it? But then it says Otherwise only by leave. Is this clear to someone with more experience? Please advise! I put this together from examples I found except that the TCPA violations were suits brought on JDBs since I couldn't find them as counterclaims. Anyway, I am getting down to the wire and want to turn this in in hopes that they will agree to walk away instead of going through arb. I will be listing the call detail that I have documented, but wondered if I should explain in there somewhere that I have phone statements, pictures of my phone and recordings? Do I need to attach those when I submit. If so, what do I do about the tape recordings. I would really appreciate some help with making sure it is correct and effective - doesn't seem amateurish! Thanks in advance everyone!Redacted Amended Answer.pdf
  6. Looking downline at credit repair would it be more advantageous to get judgments in your favor on these JDB suits. In other words if you have them on FDCPA, or FCRA or even TCPA and file a cross complaint they wont be able to dismiss. If you actually have a case for your cross complaint it could result in a double win...they have no case and lose you have a case and win the cross complaint. You could even negotiate an uncontested summary judgement in your favor in exchange for dropping your cross complaint. With the judgment instead of the dismissal could you go to the credit bureaus and force removal of derogs?
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