bu9418 Posted July 23, 2003 Report Share Posted July 23, 2003 I recently stated that I sued a collection attorney for filing in the wrong county. I settled for $2500.00 and received the check last week.In the second lawsuit, the attorney also filed in the wrong county. I answered the summons stating "wrong county, debt does not belong to me, SOL."The attorney then did a hard inquiry before validation. Then they sent me partial validation, but nothing bearing my signature or present address.So when they sent the partial validation, they said "client will settle for a certain percentage".I advised them that they did not validate, and I was suing. I filed suit against them in Magistrate court.In the meantime, they transferred the case to the proper county. As soon as I got notification from the County Clerk, I filed against the CA for FDCPA and FCRA violations (11 total).I sent interrogatories and requests for admissions.Today, I received a FedEX package from another lawfirm which was retained by the collection attorney offering $1000.00 to drop the lawsuit against the collection attorney.So, if you think you can't sue attorneys, you can. I think their record is more important to them then their clients. Link to comment Share on other sites More sharing options...
cybercrusader Posted July 23, 2003 Report Share Posted July 23, 2003 So, if you think you can't sue attorneys, you can. I think their record is more important to them then their clients.Here, here. Not to mention their malpractice carriers... Link to comment Share on other sites More sharing options...
buzz-saw Posted July 24, 2003 Report Share Posted July 24, 2003 So, if you think you can't sue attorneys, you can. I think their record is more important to them then their clients.Attorneys are usually easier to work with than laypersons. Since they already know all of the laws to begin with, there's no acceptable excuse for them not to follow the law. I suppose it boils down to a litigartion risk probability assessment of the individual debtor; i.e., "if I break the law, what are the chances he/she will know I did."Here's an example, which I just received in the mail today from an attorney (honest to God)...."You are in deault of the xxxxxxxxxxxxx agreed to with xxxxxxx." You owe the amount of xxxxxxxxx, broken down as follows xxxxxxxxx. This amount will likely increase due to swift legal action if you do not pay immediately. You have 30 days to dispute this debt and request verification......"Note the phrase "swift legal action if you do not pay immediately," and then the FDCPA 30-day dispute/validation notice. If this is not a case of "overshadowing and ambiguity," then I don't know what is. So I guess I know where I'll be first thing in the morning. Link to comment Share on other sites More sharing options...
LadynRed Posted July 24, 2003 Report Share Posted July 24, 2003 Oh yeah ! I've gotten 1 or 2 letters similar to that 'pay now' and then the 30-day dispute. Somewhere I have a reference or 2 of actual cases for exactly this thing. Link to comment Share on other sites More sharing options...
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