NefertitiX

The CA I'm suing has chosen NY representation

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I filed at the end of November and today...suprisingly got the Waiver of Service back from a CA (though not from the individual debt collectors named in the complaint). They've hired Arthur Sanders in Spring Valley, New York to represent them. So naturally, I have a few questions:

1- Anyone in the NY area ever heard of this Arthur Sanders?

2- Is it normal practice for a CA to hire a local attorney?

Thanks, Nef

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Well I am no lawyer and do not have a lot of experiance... but I can answer this one.

Yes it is very common for CA's to farm out the legal work.

When I made an out of court settlement I went to a local law

firm to pick up the check. It appeared to be a very large firm and they handle a lot a CA cases. She couldnt take me as a client because they

represent CA's so it would be a conflict of interest.

Her time in this case was about 10 minutes on the phone and

the charge for her services was $670 dollars. ( CA Paid )

Thats why I dont like lawyers.

Peace

Rich

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I filed at the end of November and today...suprisingly got the Waiver of Service back from a CA (though not from the individual debt collectors named in the complaint). They've hired Arthur Sanders in Spring Valley, New York to represent them. So naturally, I have a few questions:

1- Anyone in the NY area ever heard of this Arthur Sanders?

2- Is it normal practice for a CA to hire a local attorney?

Thanks, Nef

Mr. Sanders has represented a CA or two in class actions. I think one of his clients was AFNI over their overshadowing letters. If you really want to know about an attorney, get a PACER account and search for them as counsel on different cases. You can read their pleadings and know what to expect.

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Thsi gentleman is a professional attorney which most of time he likes to settle the cases around 4000 dollars to 8 thousand depending how strong is your cases.

but he seems very friendly and motsly slow beacuse he is piled up with the cases but does not mean that he is not professional.'

He knows his way around in federal court.

You could just5 ask him what he want you to do with your case which you start filing motions and or may be settle it. :wink:

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okay, you all have given me some really good info. i'm going to get a pacer account and have a look-see. i believe i have a strong case so i'll just get prepared to hear from him. i'm glad to know he's friendly. i was hoping this could be dealt wtih as amicably as possible for a lawsuit.

thanks all!

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So there's a whole lot of "Defendant admits claim" and "Defendant denies claim" but my questions are:

1- They offer two affirmative defenses:

a - Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations and b - Plaintiff's claim fails to state a cause of action. They then ask for a dismissal with prejudice.

As to a, they can't ask for all of it to be dismissed based on some of it being outside the SOL right? Let me be clear that I do details all the violations they've committed but most of them were in 2004 and 2005. It's b that really concerns me...I did this pro se...what does this mean and how do I defend against that second defense?

2 - It appears they are representing one of the individuals I named but the Waiver of Service only mentioned the entity itself...is that grounds for anything?

Thanks...I was hoping they'd settle but I see they want to play hardball first.

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Porfessional lawyer are as professional game players as they twist the cases on may things such as motion for summary judgement on pleadings . Do you really know what this means ?

Speaking of explanation.......

1.this means that he will go after to strike all your pleadings which means he moves under FCR12 C motion to dismiss <insufficent pleadings>

VERY MUCH TREAKY!

2. He will swing his client case anyways because thats the way he does business so that he can charge more money to his client.

3. he is packed up with cases thats al he does swing the freaking cases so that plaintiff will get eventually tired and deficient in money so the case is dismissed by you.

4.If he makes any offer , do not get your hopes high as he offers 2000 to 4000 to settle.

5. if you have the patience , fBATTLE HIM ON GROunds he willl make mistakes by failing the discovery deadlines thats where you got them for sure. AND YOU WILL MOVE FOR SUMMARY JUDGEMENTS EVEN ON THAT FAILURE TO COMPLY DISCOVERY AND DEPOSITIONS WHICH YOU CAN ASK THE COURT FOR ADDITIONAL FEES FOR MISCONDUCT.

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If i were u, I will also play hardball and give them some hell,

play HARD BALL BUT do it by the book,

Look for FEDERAL RULES OF PROCEDURE, sign in to PACER, Check for cases In SECOND CIRCUIT is NEW YORK for CAVALRY, ASSET ACCEPTANCE .

He has several cases he is mingling with, CLASS ACTION.

Also you will learn his moves........LOL LOL LOL hehehehe:)))) :twisted:

and or you can look for motion his motions and plaintiff motions in which is avalibale to you in PDF fromat , save it with names and copy and paste whatever you need to use against him, including sacntions for discovery misconducts, summary judgements fro pleadings, etc.

FIGHT THE POWER AND THE POWERS IS WITHIN YOU.....

GOOD LUCK, PM ME IF YOU NEED FURTHER ASSISTANCE :twisted:

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