thunderCA Posted March 29, 2012 Report Share Posted March 29, 2012 The law firm suing me has been calling daily trying to settle. I let it go to voicemail. I would rather them not call. Can I just send them a letter saying written communication only? I have seen others for when you are DV ing but this is different. Any examples or just a standard:I am requesting in writing, that no telephone contact be made by your offices to my home or to my place of employment. All future communications with me MUST be done in writing and sent to the address noted in this letter. Link to comment Share on other sites More sharing options...
BV80 Posted March 29, 2012 Report Share Posted March 29, 2012 The law firm suing me has been calling daily trying to settle. I let it go to voicemail. I would rather them not call. Can I just send them a letter saying written communication only? I have seen others for when you are DV ing but this is different. Any examples or just a standard:I am requesting in writing, that no telephone contact be made by your offices to my home or to my place of employment. All future communications with me MUST be done in writing and sent to the address noted in this letter.Since you said voicemail, I assume this is your cell phone. 1. Are the messages from a live person or are they pre-recorded?2. Did you ever give your cell # to the OC, CA, or the law firm? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 29, 2012 Report Share Posted March 29, 2012 Why don't you just pick up the phone and say I have no interest in settling. That should end the phone calls pretty quickly. Link to comment Share on other sites More sharing options...
kutuzov Posted March 29, 2012 Report Share Posted March 29, 2012 I belive you could send them a C&D, they are trying to collect so they still go under the FDCPA rules. Save those messages I don't recall exactly but I think they can only call you once every 7 days. This is from the top of my head so I might be wrong check the rules or wait till someone with the actual info posts. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 29, 2012 Report Share Posted March 29, 2012 C&D's do not apply when a lawsuit is filed. Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 I'll just answer next time. I've saved all their recordings but I'm getting annoyed. Called two days in a row and just hung up didn't leave a message.C&D's do not apply when a lawsuit is filed. Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 My phone number is on some of the responses I sent. Yes they are a live person.Since you said voicemail, I assume this is your cell phone. 1. Are the messages from a live person or are they pre-recorded?2. Did you ever give your cell # to the OC, CA, or the law firm? Link to comment Share on other sites More sharing options...
chrisbbadd Posted March 29, 2012 Report Share Posted March 29, 2012 My phone number is on some of the responses I sent. Yes they are a live person.Who is the Plaintiff? Link to comment Share on other sites More sharing options...
chrisbbadd Posted March 29, 2012 Report Share Posted March 29, 2012 Why don't you just pick up the phone and say I have no interest in settling. That should end the phone calls pretty quickly.Good advice when in litigation. Link to comment Share on other sites More sharing options...
BV80 Posted March 29, 2012 Report Share Posted March 29, 2012 My phone number is on some of the responses I sent. Yes they are a live person.Ok, never mind. I was hoping you had a TCPA violation. Oh well. Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 Creative Credit SolutionsWho is the Plaintiff? Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 Not backing down from them anyway. Was sending some docs and thought I would put a C & D in also but won't bother. Link to comment Share on other sites More sharing options...
1stStep Posted March 29, 2012 Report Share Posted March 29, 2012 They are a CA...have you begun to attack their standing to sue? Did you send a BOP over? Link to comment Share on other sites More sharing options...
KentWA Posted March 29, 2012 Report Share Posted March 29, 2012 So who is calling you, the CA or the lawyer? If it is the CA then tell the Lawyer he needs to muzzle his client as all communication should go through counsel, otherwise you will need to move for a protective order and sanctions for harassment of a litigant. Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 Yes BOP and received documents back already. I will post a new thread today or tomorrow with where I'm at. They didn't like my discovery response back so mailing them my updated responses today. Not sure what I'm supposed to do with the BOP docs they sent.I need to send discovery next. They filed a case management doc and a request for a trial date.They are a CA...have you begun to attack their standing to sue? Did you send a BOP over? Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 It's the lawyers office.So who is calling you, the CA or the lawyer? If it is the CA then tell the Lawyer he needs to muzzle his client as all communication should go through counsel, otherwise you will need to move for a protective order and sanctions for harassment of a litigant. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 29, 2012 Report Share Posted March 29, 2012 If your pro-se (assuming you are) then of course they are going to call. However, you control your own telephone. Talk to them, and tell them you don't want to settle and that you would like all communication in writing, to avoid any misunderstandings. If anybody other than the attorney of record is the one calling you, then you need to do as advised above and let them know it needs to stop or a protective order will be requested. This is just all a game. Every time you don't talk to them or return a call, they probably chalk that up a victory and that you are backing down. I'm filing a suit on Monday. I just fired off an email invoking the full C&D protection under the FDCPA and advised them I demanded no contact until after the suit was filed, and then it was to be by the attorney of record only. I even put in bold until after the suit was filed. That is sending a clear message there is no bluffing. I'm cutting off all legal contact with me until after the suit is filed. That is how you turn their fear and intimidation around on them. Now they are the ones sitting around waiting on a summons with no way to legally contact me. Answer the phone and be firm and professional. Turn the tables on them. They are the ones calling you, so they need you, you don't need them. Let them know that in no uncertain terms, while keeping professional. Never let a creditor, attorney, or really anybody control the telephone in your own house !! Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 It is one of the attorneys lackeys. Not the actual attorney himself.I hear what you say. I just got up today and decided I'm not going to take anybody's anymore. All they are is intimidating me to settle but that won't happen. I will never settle even for a $1. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 29, 2012 Report Share Posted March 29, 2012 I'm not saying you should never settle, just on your terms when you feel comfortable. Link to comment Share on other sites More sharing options...
thunderCA Posted March 29, 2012 Author Report Share Posted March 29, 2012 I understand what your saying but I bent over once before because I didn't know better.Okay I'd settle for .50 I'm not saying you should never settle, just on your terms when you feel comfortable. Link to comment Share on other sites More sharing options...
usagi555 Posted March 29, 2012 Report Share Posted March 29, 2012 I understand what your saying but I bent over once before because I didn't know better.Okay I'd settle for .50 Something that you need to consider: You are involved in a conflict right now, and the attorneys who you are dealing with do this for a living. They rely on the disparity in knowledge, fear and intimidation. Like all conflicts, there may come a day where in order to whap them in the nuts, you may need to escalate it. That doesn't have to mean suing them, but it does mean taking taking the initiative in some way and making them react to you rather than the other way around. Link to comment Share on other sites More sharing options...
skippy1960 Posted March 30, 2012 Report Share Posted March 30, 2012 I think USA is on the right track. I don't know that you need to answer every phone call, but on the other hand you never know when the Admin or Paralegal is going to stick their foot in their mouth and violate your rights.Having a list of these violations creates leverage down the road. For me no C&D until I have cleared the SOL on the debt. I let them go to VM or Answer if I feel like having some fun..... Link to comment Share on other sites More sharing options...
thunderCA Posted March 30, 2012 Author Report Share Posted March 30, 2012 Yes USA is right. I know all the tricks they are doing. They call on the day they mail something out, they only mail stuff on a Thursday or Friday so it can ruin my weekend etc. No biggie.I just need to push back in a professional way. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 30, 2012 Report Share Posted March 30, 2012 I just need to push back in a professional way.Don't get too carried away here. You need to push back in a way that appears to be professional. Rest assured, you can drive the other side crazy and be an absolute nightmare to deal with and appear to be professional. In other words you can be a professional A hole. Link to comment Share on other sites More sharing options...
thunderCA Posted March 30, 2012 Author Report Share Posted March 30, 2012 I might have to print that out and hang it up LOL. In other words you can be a professional A hole. Link to comment Share on other sites More sharing options...
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