Small Claims Vs. District Court for FDCPA and State Violations?

[Bradly1]

I recently finished a strong legal pleading on a claim against a company for violations of my rights. I have other things to attend to before I can file the complaint. Its important that I finish my case first before I file.

The pleading is strong I am going to ask for 5k I think, mabey more but I doubt it.

So I have a choice Small Claims Vs District Court. Just would like suggestions and possible advantages I might gain from filing in either or.

[jkg3]

What are your state's small claims rules?

Are attorneys allowed to appear for a company?

Are you allowed to appeal a decision to state court?

If you are allowed to appeal a decision, I would file in small claims. Double yes if attorneys are not allowed to appear - that almost guarantees you will get a settlement offer.

If you file for $5,000, and they offer to settle, expect a settlement offer in the $3,000 area. Take it.

[Bradly1]

What are your state's small claims rules?

Are attorneys allowed to appear for a company?

Are you allowed to appeal a decision to state court?

If you are allowed to appeal a decision, I would file in small claims. Double yes if attorneys are not allowed to appear - that almost guarantees you will get a settlement offer.

If you file for $5,000, and they offer to settle, expect a settlement offer in the $3,000 area. Take it.

Actually its against a Law Firm that specializes in the collection of Debts. So I am assuming eitherway they will be represented by a laywer even if small claims disallows lol

I have them on 3 standard breaches of the FDCPA and another Breach after they have been warned to cease breaching my FDCPA right, in which they repeated the violation.

I have their Collection Agents with-in the Law office on 1 Violation of state Law which is bascially them violating my FDCPA rights and potentially another violation, which, I will add, however am not sure how strong it is. Best to add it then let the judge decide to toss it then found out I could have used it and didn't

The actual Attorney is safe from my state laws unfortunately since they are arent regulated by them.

However, I drafted a ethical Violation complaint against him to the Bar a$$.

Yes I can appeal the decision to state court. My initial thoughts were to file in small claims thanks for the advice.

Edited April 13, 2010 by Bradly1

[jkg3]

I would caution you to avoid filing a bar complaint. It will not help you settle or litigate. If you sue the attorney, and they tell the judge you filed a bar complaint, you will have no friend in that courtroom.

If you threaten to sue, and they do not respond, file in small claims. That will get their attention.

Someone who sues an attorney is either smart or crazy. The attorney will want nothing to do with either, and will be looking to settle.

[Recovering Attorney]

If the attorney is a local, go to fed court. You run the risk of getting home jobbed.

Remember, the statutory damages under the FDCPA is 1k per case, not violation. If you ca prove actual damages, fine. What are they?

[Bradly1]

If the attorney is a local, go to fed court. You run the risk of getting home jobbed.

Remember, the statutory damages under the FDCPA is 1k per case, not violation. If you ca prove actual damages, fine. What are they?

I can prove actual damages, but err its sorta embarrasing so I am not saying. Since I had some err strange side effects due to increased stress levels. I went to the hospital to see what was wrong and the doctor just told me it was stress and it would pass.

So for now I will just say general loss of enjoyment of life and decreased work performance.

Plus I have documentation of me asking them to stop then pointing out their breach They replied to that letter with the same breach.

I have a pretty solid legal pleading I found which was almost identical except thier list of complaints and violations were about 9-10 in total vs my 4 or 5. They sued for less then 150k and the jury awarded them 78k

I was thinking of going higher but personally I just want to send a message not take large amounts of cash. Plus, I want to do it all Pro Se for the fun of it.

Plus, a complaint to the bar. Well thats up to the Bar a$$ and their investigation on the matter. I could care less if I get railroaded if you don't report ethical violations then nothing gets done to fix the situation. Lawsuits do not send a clear enough message. They are used to just signing small checks to people as part of the "cost of doing buisness"

But I will take your info under advisement.

Edited April 14, 2010 by Bradly1

[chuckygee]

What if you pursue your lawsuit first. Then report to Bar.

[jkg3]

What if you pursue your lawsuit first. Then report to Bar.

I don't much like collection attorneys, but I still would not go to the bar unless the complaint involved a serious matter. A bar complaint is taking things to a personal level. I don't like to go there.

Someday, I may have a serious matter to discuss with the bar, and it wouldn't be good to have a previous complaint attached to my name, if that complaint appeared to be vengeful or frivolous.

[jkg3]

They are used to just signing small checks to people as part of the "cost of doing buisness"

That is your advantage. Don't you want the easy settlement?

If, in your pleading, you mention stress, loss of privacy or loss of consortium, and you ask for a large dollar amount, you must be willing to back those claims up with the testimony of a professional. Otherwise, don't go there.

From your description, you have a $3000 settlement. As soon as they receive the summons and look at their records, you will probably get an offer. If they ignore you or choose to fight in small claims, good for you. But stick to things you can prove on your own - calls, letters. You cannot prove stress to a small claims court, unless you are willing to reveal your medical history.

[Bradly1]

That is your advantage. Don't you want the easy settlement?

If, in your pleading, you mention stress, loss of privacy or loss of consortium, and you ask for a large dollar amount, you must be willing to back those claims up with the testimony of a professional. Otherwise, don't go there.

From your description, you have a $3000 settlement. As soon as they receive the summons and look at their records, you will probably get an offer. If they ignore you or choose to fight in small claims, good for you. But stick to things you can prove on your own - calls, letters. You cannot prove stress to a small claims court, unless you are willing to reveal your medical history.

Well, thats fine but I would prefer not posting my medical history on a forum lol.

I might pass on the Ethical Violation since most think I should.

[Guest usctrojanalum]

I personally think Federal Court would be your best option.

[jkg3]

Well, thats fine but I would prefer not posting my medical history on a forum lol.

I might pass on the Ethical Violation since most think I should.

It is a victory to score $3000 from these scumbags for their FDCPA violations.

If you try going for more, you need to be prepared for a prolonged fight, and it will get nasty.

Small settlements are a cost of doing business to these people. Big settlements are worth fighting, because the cost of fighting them is smaller than the potential loss. They will drag you through the mud to avoid writing a big check.

There is one case online, where a woman sued Experian. Experian shot back by filing her complete, unredacted credit report on pacer for everyone in the world to see. It remains on pacer to this day. The woman received no settlement from Experian, and eventually dropped the lawsuit. Her mistake was asking for a lot of money.

Edited April 14, 2010 by jkg3