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ITS letter, stacking violations to negotiate


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Please help,

I need direction. I am looking for a sample of an ITS letter. I already received a stipulation of dismissal from the OC in my civil case. They stated amicable and at no cost to either party. I am so glad that I looked up the court rule on stipulation of dismissal. It states that if signed by both parties, the case is dismissed, as well as any counterclaims.

Well I haven't signed the letter yet because I do not want to give up my right to sue them.

They are more than aware of their blatant violations and the price tag it woud have in court.

Please let me know where I can find a good ITS letter as I send back this Stipulation of Dismissal.

Thank you again for your help.

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Just post it here. We need to know what these supposed violations are. If you're thinking FDCPA, it does not apply to OCs, they are creditors, not third party debt collectors. The violations could go against the law office if their major function is debt collection. In most cases, you get a flat one time violation of up to $1,000.00, they are not "stacked" as you think. If the law office committed five violations, you make five separate counts in the complaint. That way you have five shots at $1,000.00.

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Thanks guys,

I do have FDCPA violations, but I am not so consumed with the 1000, they pay. They just reinforce the incompetence of the OC's attorneys.

The issue I am looking to attack is the fact that they failed to redact my SSN on two court documents. So my SSN is now public record.

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If you are in NJ, does one of the following apply to you?

 

© Compliance.

  • (1) In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.

 

  • (2)  In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1(B)(3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(B)."

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If you are in NJ, does one of the following apply to you?

 

© Compliance.


  • (1) In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.

 


  • (2)  In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1(B)(3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(B)."

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I'm not sure what you can do with that.  The failure to follow procedure is the attorney's fault.  I don't know if that would enable you to sue the OC.  I think this is referred to as vicarious liability.  Can the OC be held liable for the actions of their attorney?

 

Here's an interesting case.  It might direct you to some other cases that would be useful.

 

Generally . . . the principal is not vicariously liable for the torts of the independent contractor if the principal did not direct or participate in them." Baldasarre v. Butler, 132 N.J. 278, 291 (1993).

 

http://scholar.google.com/scholar_case?case=17068956164030347967&q=Baldasarre+v.+Butler&hl=en&as_sdt=4,31,108,123,153

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Thanks BV.

I will enjoy my new reading material tonight.

Thank you for replying.

I look forward to any avenues the "Vets" of this board think I should explore. I have a week to decide my next move.

BV, Great Read. Thanks. I have to look further into if the Attorneys acted as a business agent, or employee, taking direction from the OC.

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Why don't you don't you discuss your case with a consumer lawyer? If a lawyer thinks its meritorious, he/she might take it on.  If nothing else, they could give your their assessment of it.  Get several opinions.  Issues like vicarious liability, agency and principal, respondeat superior and the procedures to litigate your case in court are complex and challenging.  Unless you already a seasoned pro se litigator, be prepared for a LOTof  very intense study, planning and work.    Also, if you sue a lawyer or an OC, they are going to fight back hard.  They don't roll over.  They are used to suing and being sued.

 

I am not saying it can't be done, but know what you are getting into.

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Just post it here. We need to know what these supposed violations are. If you're thinking FDCPA, it does not apply to OCs, they are creditors, not third party debt collectors. The violations could go against the law office if their major function is debt collection. In most cases, you get a flat one time violation of up to $1,000.00, they are not "stacked" as you think. If the law office committed five violations, you make five separate counts in the complaint. That way you have five shots at $1,000.00.

Ok, So if I go after Attorneys for FDCPA, which I have their own case law against them, do I handle my Tort claim against attorneys in State court and the FDCPA violation in FED court?

And what about C1? Do I just attack them via Attorney general for GLBA violation and hope the would rather settle, or do I elect and initiate JAMS?

Thanks Bruno, You know your SH*T, and I appreciate any tacticts you can pull out of your A**.

Did I just sound a little Jersey? Sorry:)

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And what about C1? Do I just attack them via Attorney general for GLBA violation and hope the would rather settle, or do I elect and initiate JAMS?

 

First, you have to find out if you'd have a private right of action under GLBA.  Not all laws allow for private citizens to sue.  If it does allow for a private right of action, you'd have to find out if you can apply it to attorneys.  If not, then you'd have to research precedent for vicarious liability regarding clients and attorneys. 

 

One other thing:  Carefully research your FDCPA claims.  The Supreme Court just ruled that if a plaintiff loses an FDCPA case, the courts can award costs to the defendant.

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First, you have to find out if you'd have a private right of action under GLBA. Not all laws allow for private citizens to sue. If it does allow for a private right of action, you'd have to find out if you can apply it to attorneys. If not, then you'd have to research precedent for vicarious liability regarding clients and attorneys.

One other thing: Carefully research your FDCPA claims. The Supreme Court just ruled that if a plaintiff loses an FDCPA case, the courts can award costs to the defendant.

Thanks again BV. GLBA is no private right of action. It would be a letter to the Attorney General and the new Obama Consumer Protection group in which, they would file complaint.

My one FDCPA claim is solid, based on a class action lawsuit against these attorneys, in regards to a particular letter that was used in my case as well.

A tort claim against the attorney's ?

I wonder why there is so little case law on this subject? Do they all settle out of court? End up in ARB?Imagine if the Attorneys took out a legal ad in the newpaper and put someones SSN on it!

I want accountability!

Sorry if I am being melodramatic

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The first thing you should do is file a motion with the court requesting that your information be redacted by the clerk. Then you have to see if this goes beyond a procedural rule. There must be a statute they violated before you can sue, and that statute needs to have a private right of action. It would have to provide for a civil penalty, because you don't have any real monetary damages stemming from this.

 

 

I have to look further into if the Attorneys acted as a business agent, or employee, taking direction from the OC.

 

 

 

The OC is their client. Of course they take directions, the client calls the shots. Most of what you would want to know is protected, you'll never get the information.  The redaction thing has nothing to do with the FDCPA. At best it is a curable mistake.

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Why not just file a motion with the court and ask the court for your ssn to be deleted.

 

They only way I can see you getting any recovery under a suit for this is if you can prove that their act had created a complaint that can be heard in court and one that damages can be applied to.

 

There are only three types of damages you can receive compensatory, punitive, and nominal. You need to know the difference between them.

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