sharbear1978

CA suing for attorney fees????

Recommended Posts

I'm in PA...going to small claims court on October 1st. Since the CA originally filed, I have submitted my intent to defend (based on expired SOL) and counterclaim. Originally the CA was asking for approx. $3,200.00 plus costs (claim was filed 7/30/07). Now they have retained an attorney closer to my local area to represent them at the hearing. In the letter I received from that attorney he states that the amount is now $5,800.00. I have been told that the difference is interest - when I questioned that he said it was also attorney fees.

Can a CA (JDB) seek attorney fees in small claims court?:?

Share this post


Link to post
Share on other sites

I doubt if the lawyer will follow through with this request in the court action unless he has a specific law of your state or case law for reference which may allow attorney fees. In my personal cases the lawyers have never asked for lawyer's fees.

The interest seems a little wild too. The ca, when prompted, has to verify the amount of the claim it is asking for. You should also ask it to send you a copy of the law or agreement that allow these charges.

In your validation letter, whether it is timely or not, you can ask the lawyer these questions. If he refuses to respond you can take your correspondences to the Court and submit them as an exhibit for non-compliance.

Share this post


Link to post
Share on other sites

Attorney's fee's. A JDB tried to counter-claim my suit and ask for attorney's fees. This was before the court date, and before the trial even started, the judge said, "there's not a shot on earth that i will give attorney's fee's even if you win". Not only did they not get attorney's fee's, they lost.

Share this post


Link to post
Share on other sites
I'm in PA...going to small claims court on October 1st. Since the CA originally filed, I have submitted my intent to defend (based on expired SOL) and counterclaim. Originally the CA was asking for approx. $3,200.00 plus costs (claim was filed 7/30/07). Now they have retained an attorney closer to my local area to represent them at the hearing. In the letter I received from that attorney he states that the amount is now $5,800.00. I have been told that the difference is interest - when I questioned that he said it was also attorney fees.

Can a CA (JDB) seek attorney fees in small claims court?:?

doesn't surprise me. mine is asking for $2500 but in fact, after all is said and done, it will be around $5000. The lawyer fees are around $800, and the rest is interest since last paid. this is why i am so pissed at all this. they sit on their rights for years, and then want every cent during that time. i owed $1600 (1000 of it was stolen and used by the theft), so by the time the acct went into default, it was up to 2500...that was in 2002. now, they filed in 2006 and want $2500 plus the 4 yrs of interest and fees...had they gone after it sooner, say right after it went into default, it would have been a lesser amount. there is a section is all agreements that says they may impose attorney fees if needed to collect.

Share this post


Link to post
Share on other sites

A plaintiff can ask for attorney fees if it is agreed upon by contract or allowed by law. And only then, if an dwhen the plaintiff wins. Then the court sets the fee based upon the work, but usually with a statutory limit of 10-20%. For this attorney to claim fees without proof that he may be entitled to them violates the FDCPA. That is not a defense to your present action, but you may have an action back at 'em.

Share this post


Link to post
Share on other sites

Original post by: sharbear1978

I have been told that the difference is interest - when I questioned that he said it was also attorney fees.

Are you documenting these incidents? Everyone can make a mistake but if this ca continues to show a pattern of deception they are misrepresenting a Bad Debt which is a violation of the FDCPA. This is one Counterclaim.

Original post by: Recovering Attorney

For this attorney to claim fees without proof that he may be entitled to them violates the FDCPA.

Here is another one.

Share this post


Link to post
Share on other sites

Yes, keep that paper it is proof of a primafacia violation. An attorney cannot include attorney's fee's in any paperwork describing the alleged debt. Attorney fees are a seperate issue that is dealt with as a seperate line item in the complaint...ie:

Debt $2,000

Attorney fees sought $800

And since the fees are based on billable hours, until the end of trial we have no idea what the amount sought would be, so it makes no sense and is a scare tactic (unconscienable means) used in the collection of a debt vs Least Sophisticated Consumer and therefore a violation of FDCPA and likely state law as well.

Sounds like a real jerkoff, wreck-em.

Not to mention its unlikely a judge would award it, even if it is allowed under contract. Judges tend to view it as part of the cost of doing business, not an additional penalty for the consumer. As long as your fight and defense are good faith. Now if the judge thiks youor just a deadbeat looking to stiff a legit creditor, thats different.

Share this post


Link to post
Share on other sites
Judges tend to view it as part of the cost of doing business, not an additional penalty for the consumer. As long as your fight and defense are good faith. Now if the judge thiks youor just a deadbeat looking to stiff a legit creditor, thats different.

That's what I thought.. I watch a lot of judge mathis. LOL

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.