Will pay for help writing lawsuit

[thrillsoft]

Hello,

I'm having trouble with the legalese and general form of the lawsuit that I need to file. I don't want to do it in small claims because I want a judge who knows or is more familiar with the FDCPA and the FCRA that what I've heard the small claims judges are and seem to ignore the law quite a bit.

I'll pay for someone to write my lawsuit for me if anyone is interested. I'm quite certain it will never get to trial. I'm articulate enough and knowledgeable enough on the FDCPA and FCRA to feel comfortable presenting my case once the legalese of the lawsuit is filed.

Here's my case:

In August of 2002 I moved from Florida to New York. I cancelled my utilities and phone service and such scheduled to be shut of September 1st.

BellSouth continued to bill me for service even though I called and told them several times that I no longer lived there and to please discontinue service effective September 1st, 2002. I have an old bill from October 2002 which states that I paid for September and even had a $47 credit for October. They continued to bill me and I continued to call and complain and refused to pay for any more service. They would apologize and say they'd take care of it, but I kept getting bills for several more months then they stopped.

A few months ago, I looked at my credit report and it showed a $367 collection through CBCS for a BellSouth bill. I called BellSouth who said that I did have service there and that there was even a $7.95 charge from MCI in October of 2002 (this is despite the fact that right on my phone bill it lists my long distance provider as Quest). I didn't even live in the state at the time. There are no other charges or evidence of use of the phone for the 7 months that they are trying to bill me for.

I DV'd CBCS who ignored my DV request yet verified with all 3 bureaus in October this year. I DV'd again (this time CMRRR) no response, yet they verified once again with all three bureaus. I DV'd + ITS again CMRRR, no response, but they verified once again with all three bureaus.

Then finally, 45 days after my last DV & ITS, they sent me latest bill from BellSouth showing that I owed $367. This is the same bill BellSouth sent me as "proof" that I owed them money.

I'm getting an affidavit from my old landlord stating the date that I moved out of the house and that I never again had any access to the address.

I also have my bills from my long distance provider that I never again made another long distance call from that address after September 1st, 2002.

I'd like to request BellSouth records to show me who had service at that address after me, but I don't know how to get that.

Basically, I'm positive that if I server BellSouth and CBCS with a joint lawsuit (whether or not it might succeed) and stating my evidence to the court that they will drop it and remove the item from my CR. I can't believe that it would be worth it for them to fight this for $367.

However, I need some help filing the papers. I live in New York (Manhattan) and I'd like to either file in state or federal court here instead of small claims.

I'd like to make the lawsuit as scary as possible for them including any possible claims that I might have under FDCPA and FCRA. I also was denied credit twice due to this collection being on my report after I told them to remove it. Also, I have a further claim against BellSouth in that I used to have DSL internet service with them, but switched to Sprint DSL service for the last 6 months that I lived at that house. They continued to bill me for DSL service ($47/month) for over 6 months after I cancelled that service explaining that I had DSL through another company. They kept telling me that they'd cancel it, but never did. I continued to pay them for the DSL service throughout that time because if I didn't, my phone would get shut off. So I've actually OVERPAID BellSouth a great deal of money while they're still claiming that I OWE THEM $367.

Can somebody please help me? I don't mind paying for someone to write up the complaint. I can provide dates and timelines of all the events. I just need some help in putting it in the legal format of a complaint to the court.

[mparksmagic]

Caveat.... Beware on this fourm in asking for formal help in writing legal stuff. While many just mean to help, they may give you incorrect info or cite bad references that can be extremely damaging to your case. My thoughts are if you are willing to pay for someone to help, find a local lawyer.

Just my .02

[thrillsoft]

Thanks for your advice. The problem with local attorneys is that I've contacted a couple from NACA.net and they haven't gotten back to me.

Most attorneys don't know anything about FDCPA or FCRA at all and I know there are a lot of laymen on here that know more than the average attorney regarding FDCPA. Also, just getting an attorney on the phone in Manhattan is $1000. I didn't really want to spend that much to fight a $367 collection. I was hoping that someone could just help me with the paperwork for $100-$150.

I'm sure someone who's filed a FDCPA suit or two in state or federal court with success could very easily help me with the format/legalese of the paperwork that I need to file.

[mparksmagic]

Check out this site.

www.legal-aid.org

It is the greater NYC legal aid division. Sometimes you may qualify for free assistance depending on what you need. It would not hurt to call and let them know your story. Its what I did in my city and they referred me to a local volunteer attorney who is helping me with paperwork. He gets paid in community service hours so it works out for the both of us.

[nascar]

Caveat.... Beware on this fourm in asking for formal help in writing legal stuff. While many just mean to help, they may give you incorrect info or cite bad references that can be extremely damaging to your case. My thoughts are if you are willing to pay for someone to help, find a local lawyer.

Very good advice.

[mparksmagic]

Also, becareful on what you send to anyone (premade DV forms, motions, etc.), if your case does go to court and you have incorrect citations or wording (it may SOUND right, but only rely on it being correct if a legal professional tells you it is) the judge will probably just look at you and laugh, its an easy way to make an instant fool out of anyone.

I also notice alot of posts on this fourm about people WANTING to hear a certain answer to their case. Again, you may find an answer that you are looking for, however how can you know for sure it is a correct one without asking a certified professional, unless of course you went to law school?

I'm sure someone who's filed a FDCPA suit or two in state or federal court with success could very easily help me with the format/legalese of the paperwork that I need to file.

Keep in mind, EVERYONE'S case is different. There are also major differences in federal and state court. Check with your local procedure.

Overall, when it comes to legal matters, don't try to cheap out by getting amateur advise, you could make the situation worse than it already is.

Also, just getting an attorney on the phone in Manhattan is $1000. I didn't really want to spend that much to fight a $367 collection. I was hoping that someone could just help me with the paperwork for $100-$150.

I've said this numerous times in previous threads and I am a firm believer in it (I am getting free legal aid from a volunteer attorney getting paid with community service hours), if you can not afford an attorney, check with your state legal aid office (google legal aid in your state), sometimes they will provide one at no cost if you meet certain eligibility requirements (income, assets, etc.) Sometimes they even have a "young lawyers division" thats goal is to help people so they can get experience in the courtroom.

[E. Normis Debtor]

The problem with local attorneys is that I've contacted a couple from NACA.net and they haven't gotten back to me.

Gotta be wary of attorneys in NY, right RA?

[mparksmagic]

Also, Even after reading this you still want to try going at it on your own, I dont blame you, its a big learning experience, go talk to the civil court clerk in your state, they are usually a help in telling you how to prepare the paperwork, what you need and all.

Hope I am of some assistance. Sorry not to have an easier answer.

[thrillsoft]

Well, I'm sure I wouldn't qualify for legal aid. I earn over $100K/year. I just don't want to have to spend thousands getting a $367 collection off my report that shouldn't be there in the first place!

My main goal is to just file. I'm certain that they'll buckle immediately. I'm sure that just like me, they don't want to spend a gob of money defending a $367 debt they think they're owed. I really want this off fast.

I've taken the advice of several posters here and contacted several attorneys here in NYC today. They all want to set up an appointment in several weeks and say that this will be a long process. I'm in a hurry. I want to buy a house right after the first of the year and I need this off NOW!

Thanks for all of your advice.

[Methuss]

You need an attorney to help in preparing a suit. It is actually against the law for someone to accept payment for legal advice unless they are licensed attorneys.

We can give advice for free, but non-lawyers cannot charge for it.

[Recovering Attorney]

Make a 100K and expect to get a legally competent complaint for $150? No offense, but no wonder no one will call you back

[Recovering Attorney]

Thanks a lot, E.N.D. !

[mparksmagic]

Make a 100K and expect to get a legally competent complaint for $150? No offense, but no wonder no one will call you back

Dont want to spend tons to get it off your CR. SETTLE THE DEBT, its only $367, and you make $100K, just make sure to get a statement that they will delete the record after settlement. Yeah, sure its not yours, and I realize its just the point, but think logically, for the $150 plus the time you are going to spend on the suit it, would it really be worth it?

[thrillsoft]

Okay,

I just spoke with an attorney from the NACA.net site and he said that it sounds like I have a great case, excellent documentation and want to file immediately (as opposed to the others that I spoke with who wanted to wait weeks even to meet with me).

He wants me to bring in everything tomorrow afternoon and there will be a $300 initial consultation fee but everything else is contingency. That sounds pretty fair to me.

The $150 (or around there) that I was talking about was just to take my "layman's" complaint and draft it into a legal complaint. Not for complete representation of the case. But thanks everyone for all of your advice.

I'll keep you posted on how it turns out.

[mparksmagic]

Okay,

I just spoke with an attorney from the NACA.net site and he said that it sounds like I have a great case, excellent documentation and want to file immediately (as opposed to the others that I spoke with who wanted to wait weeks even to meet with me).

He wants me to bring in everything tomorrow afternoon and there will be a $300 initial consultation fee but everything else is contingency. That sounds pretty fair to me.

The $150 (or around there) that I was talking about was just to take my "layman's" complaint and draft it into a legal complaint. Not for complete representation of the case. But thanks everyone for all of your advice.

I'll keep you posted on how it turns out.

To be honest, now were talking about $67 dollars to settle. Is it worth the chance of losing?

[mparksmagic]

BTW. A contingency is something that can (and probably will) happen, but that generally is not anticipated. Trust me, when a lawyer says that other fees are based on contingency, expect to pay alot more than what he initially says, right recovering ?

[thrillsoft]

To be honest, now were talking about $67 dollars to settle. Is it worth the chance of losing?

I didn't even live in the state for the time that they're trying to bill me for! I moved September 1st 2002. My October 2002 statement from them showed a $47 credit that THEY OWED ME. Then the continued to bill me after I told them on many occassions that I didn't live there anymore and to stop billing me.

I'll take the chance of losing. I'm not paying those @#$@% one dime!

I have documentation that I moved out of the house and had no access to the residence. I didn't own the residence and had no roommates. When I left it was empty.

[mparksmagic]

I'll take the chance of losing. I'm not paying those @#$@% one dime!

JMHO, if you go in like this, you will come out 10X poorer, from your atty's fees to their atty's fees and court costs. Just be prepared.

I dont fault you for not wanting to pay for something you dont feel you owe. Even if you have documented evidence it's still gonna cost more than just paying it outright. And you state you want to buy a house by the first of the year. I hate to sound negative, but good luck getting that collections mark off, you'll never get a hearing scheduled that quick and your CR will continue to show the collection account until you win (keep in mind it will then take 30 days after that to send a letter to the CRA's requesting removal of the record)

As I stated before, if you called the CA to settle, and advised them the only way you wont go to court with this is to take a smaller amount and remove the item from your CA, you could literally have this off your CR next week. However if you can wait the time, want to spend the time with it takes with a lawyer, then go ahead, as I said before, its a great learning experience. My idea is just a quick, cheap solution.

[Recovering Attorney]

the client has to pay costs. It costs 350 to fle in federal court and another 100 to get tehthing served. Some lawyers will front that, it has to be paid eventually.

Heck, it sounds like he has a decent case, maybe with some real damages, not just the statutory. Worth it to me to bring it

[mparksmagic]

True.. If you want to seek damages and have some actual damages (stress, inability to function at work, etc.) Talk to the lawyer, but if you want the thing off the CR super fast. Settle

[thrillsoft]

True.. If you want to seek damages and have some actual damages (stress, inability to function at work, etc.) Talk to the lawyer, but if you want the thing off the CR super fast. Settle

I'm meeting with the lawyer tomorrow afternoon. He told me on the phone that they will take it on contingency and that he believes that I have a great case. I do have actual damages. I have 3 letters of denial for credit due to collections/public records on my report. This is the only collection or public record on my report. Also, I have only 1 30-day late in the last 3 1/2 years on my report. I did have more than that, but I managed to get everything else removed. None of them show up now. So I don't see how they can get around not having damaged me. Additionally, we're sueing both the CA and BellSouth for violations of FDCPA, FCRA and for actual damages in addition to statutory damages.

The attorney says that if I want it over quickly, he will file immediately and I should get "a few thousand" pretty quickly. He wants to get started right away though.

[mparksmagic]

Go for it.. Good Luck, keep us posted.

[thrillsoft]

the client has to pay costs. It costs 350 to fle in federal court and another 100 to get tehthing served. Some lawyers will front that, it has to be paid eventually.

Heck, it sounds like he has a decent case, maybe with some real damages, not just the statutory. Worth it to me to bring it

Yes, when I called to confirm our meeting at 3PM today, he said to bring cash for the intitial consultation fee. He claimed that this was a "nominal amount to show that I was serious and wouldn't back out of the suit later on". I said that was fine, but if he was taking it on a contigency basis, I was not going to pay any further fees. He said that I would also have to pay the filing fee of $350. I said that I would pay either the filing fee or the consultation fee "to show that I was serious" but not both. He checked with his partner and called back and said "sorry, we need you to pay both". I said, "Thanks, but no thanks!".

God, I'm sick of lawyers. I guess I'll just have to do this myself.

Does anyone have a sample lawsuit where they sued a creditor and a CA at the same time?

BTW, this was Kevin Mallon of Fishman & Neil in NYC. Stay away from them. Lots of promises and exciting talk, but in the end they're not in it with you.

Thanks.

[admin]

If this guy doesn't work out, it doesn't mean that it's time to turn your back on all lawyers.

Try again - look in our resources section.

[LNY]

Yes, when I called to confirm our meeting at 3PM today, he said to bring cash for the intitial consultation fee. He claimed that this was a "nominal amount to show that I was serious and wouldn't back out of the suit later on". I said that was fine, but if he was taking it on a contigency basis, I was not going to pay any further fees. He said that I would also have to pay the filing fee of $350. I said that I would pay either the filing fee or the consultation fee "to show that I was serious" but not both. He checked with his partner and called back and said "sorry, we need you to pay both". I said, "Thanks, but no thanks!".

God, I'm sick of lawyers. I guess I'll just have to do this myself.

Does anyone have a sample lawsuit where they sued a creditor and a CA at the same time?

BTW, this was Kevin Mallon of Fishman & Neil in NYC. Stay away from them. Lots of promises and exciting talk, but in the end they're not in it with you.

Thanks.

That's odd. Jamie Fishman is a well-respected advocate for the little guy. Seems strange that he would employ anyone who doesn't share those values.

Out of curiosity, why do you think it's unfair to have to pay a lawyer for his consultation time/legal advice and the cost of filing a suit? Did he first say that you wouldn't have to pay a dime unless you won, then ask for both fees upfront?