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Did the JDB lawyers just screw up MAJORLY?


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Hello:

Here's the current short and dirty of my situation:

Sued by Midland for around 1400.00 for an alleged GE Money Bank card. I have answered the complaint and filed a motion to dismiss pending arbitration.

The JDB lawyers sent me what I thought was a response to my motion to dismiss BUT what I received instead was a letter from the JDB lawyers directed to someone else in another city near me introducing a submission of discovery (this is for a different case than mine). Also mixed in there were copies of what they submitted with the court for discovery on another case as well (yet another different name).

My guess is that they submitted a response to my motion to dismiss with the court but they essentially didn't send it to me within the 3 day required period of time since they sent me something from another case.

Have they messed up royally?

What can I do in response to this?

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Yes, they messed up.

Is it a FDCPA violation? They could probably claim bona fide error.

But, since you are acting pro se, you are expected to act professionally, as if you were an attorney. I would contact the attorney handling the case, explain to them that an error was apparently made, and you received documents pertaining to other cases, and you plan to send them back.

Keep checking the court docket (hopefully available online) to see what they have filed with the court in your case. If they file something and you don't receive it, contact them and ask them to send it.

At least that's my opinion. Others may weigh in differently.

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They made a permissible error. Be advised that as a pro se litigant, you are technically bound by the rules of professional conduct as any attorney would be. The Bar Association can't discipline you, of course, but the judge of any court can hold you accountable since you decided to walk through those doors and proclaim yourself competent to defend yourself. The rules of conduct demand that you return such documents to the attorney who sent them. You are not allowed to take any action connected to a mailing mistake unless you can prove willful misconduct. No ethical attorney would do this, neither should you. You'll just prejudice yourself in the eyes of the court as a vindictive pro se.

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The people who would have something to gripe about are the people who's docs you received, especially if the attorneys start being asses about them missing deadlines. Third party disclosure. Oh, they'd claim bona fide error, but I bet that could be shredded.

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Thank you for the suggestions. I checked the online docket and the case was dismissed. :o)

So I'm guessing the lawyers were supposed to send me a copy of their dismissal but sent the other stuff as a mistake. I'll just send it back with a quick description of the error.

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