MJBurlison Posted September 13, 2007 Report Share Posted September 13, 2007 I sued Gamache and Myers, a law firm, under the FCRA and FDCA. The judge ruled in their favor. Now I have a judgement against me because they counterclaimed for attorneys fees.The person that represented them was a lawyer. According to MO small claims ruled there can not be an attorney for the parties. Should the law firm have sent a a paralegal or something???And can I file a void judgement since the rules of the court were not filed?Thanks! Link to comment Share on other sites More sharing options...
nascar Posted September 13, 2007 Report Share Posted September 13, 2007 I sued Gamache and Myers, a law firm, under the FCRA and FDCA. The judge ruled in their favor. Now I have a judgement against me because they counterclaimed for attorneys fees.The person that represented them was a lawyer. According to MO small claims ruled there can not be an attorney for the parties. Should the law firm have sent a a paralegal or something???And can I file a void judgement since the rules of the court were not filed?Thanks!You may want to do some additional checking into your Rules of Procedure. A corporation must be represented by an attorney. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 13, 2007 Report Share Posted September 13, 2007 What should have happened is that the defendant should have filed a motion to remove from SC and into General District. Link to comment Share on other sites More sharing options...
MJBurlison Posted September 13, 2007 Author Report Share Posted September 13, 2007 Would these procedures be in the small claims statutes?I am really confused about all this! Link to comment Share on other sites More sharing options...
uwackme Posted September 13, 2007 Report Share Posted September 13, 2007 If YOU are suing for FDCPA/FCRA you should do it in the US District court nearest you... Federal court. If you are countersuing them, in thier suit in state court, then that's fine.But it is a very rare thing for a good faith FDCPA suit to end up costing the consumer attorney's fee's. Sounds like the judge didn't know squat about the law. Link to comment Share on other sites More sharing options...
MJBurlison Posted September 13, 2007 Author Report Share Posted September 13, 2007 OK, well I guess I did it wrong because I did it in Small Claims. AHHHH I am so confused! Link to comment Share on other sites More sharing options...
nascar Posted September 13, 2007 Report Share Posted September 13, 2007 Would these procedures be in the small claims statutes?I am really confused about all this!The information you are looking for can be found in the Missouri Statutes, Title 32, Chapter 482.A quick read confirms that attorneys are allowed in small claims court in Missouri. Link to comment Share on other sites More sharing options...
MJBurlison Posted September 13, 2007 Author Report Share Posted September 13, 2007 Well, I see that now! I guess it helps if you read the entire thing! Link to comment Share on other sites More sharing options...
Nascar3 Posted September 17, 2007 Report Share Posted September 17, 2007 MJBurlison, can I ask exactly what your violations were? I happen to live very close to you and likely would be in the same courts! I don't want to end up with a judgment against ME!! Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 17, 2007 Report Share Posted September 17, 2007 OK, well I guess I did it wrong because I did it in Small Claims. AHHHH I am so confused!It's likely that they will file a motion to move it to district court. If that happens, they'll have to pay the cost. Link to comment Share on other sites More sharing options...
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